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NAVY | BCNR | CY2006 | 07732-06
Original file (07732-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NA VY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2NAVYANNEX      
         WASHINGTON DC   
                          
                 

                  TRG
                   Docket No: 7732—06
 -        3 November 2006
From:    Chairman, Board for Correction of Naval Records
 To:      Secretary of the Navy
Subj RECORD OF NAVAL

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps Reserve, filed an application with this Board requesting that retirement points be transferred into the anniversary year ending on 27 February 1996.
2 The Board, consisting of Mr Mr and Mr reviewed Petitioner’ s allegations of error and injustice 24 October 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 for three years on 29 February 1984 and has served continuously since then. During the period from 28 February 1987 to 27 February 1990 he did not earn qualifying years. Fifteen of the next 16 years are qualifying for reserve retirement, and he already has sufficient points in the anniversary year which will end on 27 February 2007 to make that year qualifying. Therefore, at the end of his anniversary year on 27 February 2007, he will be credited with 18 years, 11 months.and 29 days of qualifying service. In the one non-qualifying year, which ended on 27 February 1996, he has only been credited with 35 of the 50
 retirement points required for a qualifying year.
d.       Petitioner states that his failure to earn a qualifying year in the anniversary year ending on 27 February 1996 was caused by an administrative error which caused a delay in transferring from one unit to another.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Since Petitioner only has one nonqualifying year in a 17 year run, the Board believes that an error must have occurred in the anniversary year ending on 27 February 1996. Further, it is clear that he has excess retirement points and he will qualify for retirement. Therefore, the Board concludes that 15 retirement points should be transferred from the excess over 50 in the anniversary years ending on 27 February 1997 into the anniversary year ending on 27 February 1996.
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 reason for the change in the number of qualifying years.
RECOMM ENDATION:
a. That Petitioner’s naval record be corrected by transferring
15 retirement points from the anniversary year ending on 27
February 1997 into the anniversary year ending on 27 February
1996.
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 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 PFEIFFER
                                                                                 Executive Director

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