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NAVY | BCNR | CY2005 | 06676-05
Original file (06676-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00
                                   TRG
Docket No: 6676-05
 21 September 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF

Ref:     (a) Title 10 U.S.C. 1552
End.     (1) Case Summary
         (2) Subjects naval record

 I.       Pursuant to the provisions of reference (a), Petitioner , a retired commissioned officer in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record he corrected to establish eligibility for retired pay.

 2. The Board, consisting of Mr. XXXX, , Mr.XXXX and Mr.XXXX reviewed Petitioner’s allegations’ error and injustice on 22 August 2006 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

 3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

 a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.
b.       Although it appears that Petitioner’s application was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and consider the application on its merits.
c.       Petitioner enlisted in the Marine Corps Reserve on 30 April 1948 and entered the Marine Corps Reserve Platoon Leader Program. Therefore, as of 1 July 1949 he was credited with one year and 2 months of qualifying service for reserve retirement. He successfully completed the Platoon Leader Program and was commissioned a second lieutenant in the Marine Corps Reserve in September 1951. At the end of the approximately 30 year period ending on 30 June 1978 he was credited with about 19 years and 3 months of qualifying service. During this period, he was promoted to lieutenant colonel (LTCOL; 0-5). The record shows that during several of his nonqualifying years, he earned more than 40 of the 50 points required for a qualifying year. He earned no further qualifying years after 30 June 1978 and on 30 June 1981 he was transferred to the Honorary Retired Reserve. He became 60 years of age on 17 June 1989.
d.       In 2005, Petitioner requested information concerning his status from Headquarters Marine Corps. On 28 July 2005 Headquarters Marine Corps told him that his retirement was honorary only and that he was not eligible for retired pay because he did not have 20 qualifying years. He was told to apply to this Board if he believed there was an error in his record.
e.       Petitioner states in his application that in the 1970’s he was a member of the Volunteer Training Unit (VTU) and contends that there were problems with the reporting of retirement points. He has submitted copies of documents which purport to show that he earned 61 retirement points in 1976 and 1977. His retirement point record shows that he was credited with 60 retirement points in the anniversary year ending 30 June 1976, 32 retirement points in the anniversary year ending 30 June 1977, and 60 retirement points in the anniversary year ending 30 June 1978.
CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. The Board believes that Petitioner must have thought that he had 20 qualifying years because he would have certainly have taken action to be credited with additional points if he had been aware of the situation. Further, he clearly should have been counseled by his chain of command that he was nine months short of qualifying for retirement. Since Petitioner had one anniversary year in which he had 47 retirement points, he missed qualifying for retirement by three retirement points in that year. Since he is so close to qualifying, and there may have been difficulties in recording retirement points, the Board concludes that his record should be corrected to show that he is eligible for reserve retired pay. However, given the passage of time, the minimum possible correction should be made.

Accordingly, Petitioner’s record should be corrected by transferring three retirement points from the anniversary year ending 30 June 1958 into the anniversary year ending 30 June 1957. With this correction, Petitioner will have over 20 years of qualifying service and will be eligible to request the start of his retired pay.

The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand his eligibility for retired pay.

 RECOMMENDATION:

 a. That Petitioner’s naval record be corrected by transferring three retirement points from the anniversary year ending 30 June 1958 into the anniversary year ending 30 June 1957.

b. That this Report of Proceedings be filed in Petitioner s naval record.

 4.       It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled
 matter. 

ROBERT D. ZSALMAN        ALAN F. GOLDSMITH
Recorder         Acting Recorder

 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.

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