DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6705-06
27 September 2006
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(4) Subdect's naval record
i. Pursuant to the provisions of reference (a}, Petitioner, a
commissioned officer in the Marine Corps Reserve, filed an
application with this Board requesting that three retirement
points be transferred into the anniversary year ending on 10
October 2003.
2. The Board, consisting x Bie :
as ay, reviewed Petitioner's atlegations of error and
injustice”’on 19 September 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. Petitioner's application was filed in a timely manner.
c. Petitioner entered the Marine Corps on 1 February 1991
and served on active duty for more than four years. When he was
released from active duty, he was placed in the Individual Ready
Reserve. After about three years of inactivity in the Marine
Corps Reserve, Petitioner was transferred to the Inactive Status
List (ISL) on 17 May 1999. He returned to an active status on 11
October 2000, Four of the next five anniversary years are
qualifying for reserve retirement and he has already earned
sufficient points for another qualifying years in the
anniversary which will end on 10 October 2006. at that time, he -
will have 10 qualifying years.
d. Petitioner states that he was unaware that his
anniversary year had changed, and he earned retirement points and
qualifying years based on an anniversary year that ended on 31
January. He discovered that because of his transfer to the ISL,
his anniversary year should have been changed to begin on the
date of his return to an active status, which was 11 October
2000. The subsequent correction and redistribution of retirement
points resulted in the crediting of only 47 of the 50 retirement |
points necessary for a qualifying year in the anniversary year
which now ends on 10 October 2003.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. It is clear that neither Petitioner nor his command were
aware that his time on the ISL should result ina change in the
beginning and ending dates of his anniversary years. Since he
only missed a qualifying year by three retirement points, the
Board concludes that a correction to his record is warranted.
Therefore, three retirement points should be transferred from the
excess over 50 in the anniversary year ending on 10 October 2002
to the anniversary year ending on 10 October 2003. With this
correction, Petitioner will have 50 retirement points and a
qualifying year for retirement.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reasons for the change in the
number of qualifying years.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by transferring
three retirement points from the anniversary year ending on 10
October 2002 into the anniversary year ending on 10 October 2003.
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. _
w a Oe
LEZ Lf
ROBERT D. ZSALMAN ALAN E. 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. )
W. DEAN PFEIF
Executive Dire
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