Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 07388-05
Original file (07388-05.doc) Auto-classification: Denied

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
      WASHINGTON DC 20370-5100


            TRG
            Docket No: 7388-05
            19 October 2005








  This is in reference to your application for correction of your naval
  record pursuant to the provisions of title 10 of the United States Code
  section 1552.

  A three-member panel of the Board for Correction of Naval Records,
  sitting in executive session, considered your application on 12 October
  2005. Your allegations of error and injustice were reviewed in accordance
  with administrative regulations and procedures applicable to the
  proceedings of this Board. Documentary material considered by the Board
  consisted of your application, together with all material submitted in
  support thereof, your naval record and applicable statutes, regulations
  and policies.

  After careful and conscientious consideration of the entire record, the
  Board found that the evidence submitted was insufficient to establish the
  existence of probable material error or injustice.

  In your first anniversary year in the Marine Corps Reserve, you were only
  credited with 47 of the 50 retirement points necessary for a qualifying
  year. Since then, you have earned nine consecutive qualifying years. You
  are requesting that three retirement points be transferred from the
  excess in a subsequent year so that the year will be qualifying for
  retirement. You desire this correction so that you will be eligible for
  the Armed Forces Reserve Medal.

  The Navy and Marine Corps Awards Manual (SECNAVINST 1650.1G) states,
  concerning the Armed Forces Reserve Medal, that individuals are eligible
  if they complete a total of 10 years of honorable satisfactory service,
  and the 10 years are performed during 12 consecutive years. Therefore, it
  appears that you will be eligible for the medal when you earn 50
  retirement points and complete your next anniversary year on 5 July 2006.

  The Board would normally only transfer retirement points from one year to
  another when failure to do so would prevent retirement or retirement at a
  higher grade. Since these conditions do not apply to your case and you
  are still able to earn the Armed









Forces Reserve Medal, the Board concluded that a correction to transfer
retirement points is not warranted.

Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable
action cannot be taken. You are entitled to have the Board reconsider its
decision upon submission of new and material evidence or other matter not
previously considered by the Board. In this regard, it is important to keep
in mind that a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval record,
the burden is on the applicant to demonstrate the existence of probable
material error or injustice.

                                 Sincerely,





















































                                      2

Similar Decisions

  • NAVY | BCNR | CY2001 | 07390-00

    Original file (07390-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 June 2001. However, at the end of your anniversary year, on 10 October 1968, you were only credited with 37 retirement points. Therefore, at the end of the 10 October 1970 anniversary year you were only credited with 19 retirement points.

  • NAVY | BCNR | CY2002 | 07886-02

    Original file (07886-02.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 12 December 2002 7886-02 Chairman, Board for Correction of Naval Records Secretary of the Navy REVIEW OF_ NAVAL RECORD OF (a) Title 10 U.S.C. 1552 (1) Case (2) Subject's naval record Summary From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, an 1. enlisted member in the Marine Corps Reserve, filed an application with this Board requesting that...

  • NAVY | BCNR | CY2002 | 03808-02

    Original file (03808-02.pdf) Auto-classification: Approved

    However, he is not eligible for reserve retirement A review of e. Petitioner states in his application that he was Accordingly, he failed to earn a qualifying years in initially unaware of the requirement to qualify for reserve retirement. majority notes that Petitioner will have 20 qualifying years and would be eligible for retirement except for the requirement that the last eight years of qualifying service be in the reserve component. With this correction Petitioner Therefore, the...

  • NAVY | BCNR | CY2003 | 05507-03

    Original file (05507-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2003. The Board noted that there are many individuals in the reserve component that have missed qualifying years by a few points who have had to serve additionai years in order to qualify for Since you can remain a member of the Marine Corps retirement. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2002 | 07010-02

    Original file (07010-02.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. former commissioned officer in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 1 June 2002. This can be accomplished by moving five retirement With this correction Petitioner will have 20 qualifying years and, since he was otherwise in good...

  • NAVY | BCNR | CY2002 | 09631-02

    Original file (09631-02.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. commissioned officer in the Marine Corps Reserve, filed an application with this Board requesting that his record be corrected to allow him the opportunity to earn reserve retirement. of the anniversary years ending on 17 August 2002 he has been credited with 15 years of qualifying service. That this Report of Proceedings be filed in Petitioner's b. naval record.

  • NAVY | BCNR | CY2001 | 03395-01

    Original file (03395-01.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 3395-01 29 June 2001 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF iiiilliaaaiaiAtaaiaiamanisie', NE Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the United States Marine Corps Reserve filed enclosure (1) with this Board requesting that his record...

  • NAVY | BCNR | CY2007 | 00008-07

    Original file (00008-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Marine Corps Reserve, filed an application with this Board requesting that his record be corrected to show that he has 16 qualifying years for reserve retirement so that he would be eligible to request continuation to complete 24 years of commissioned service.2 The Board, consisting of Mr Ms and Ms reviewed Petitioner’s allegations of error andinjustice on 19 June 2007 and, pursuant to its regulations,...

  • NAVY | BCNR | CY2002 | 07738-02

    Original file (07738-02.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. commissioned officer in the Marine Corps Reserve filed an application with this Board requesting that nine retirement points be moved from the anniversary year ending 10 February 1997 into the anniversary year ending 10 February 1998. With this correction, Petitioner will have 20 qualifying years Since Petitioner can qualify 2 the reserve component at with the last eight of those...

  • NAVY | BCNR | CY2001 | 05851-01

    Original file (05851-01.pdf) Auto-classification: Approved

    This would require the transfer of 17 retirement points into the anniversary year with 33 retirement points and continuation for an maximum of four years so he can earn the last six or eight years, whichever is required, in the reserve component. Therefore, given his many years of excellent service and the other circumstances of the case, the Board concludes that the record should be corrected to allow him to earn reserve retirement by completing eight years of qualifying service to...