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NAVY | BCNR | CY2007 | 00008-07
Original file (00008-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100

 TRG
 Docket No: 0000 8-07
 2 July 2007
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)      Subject’s naval record
1.       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 and
 injus t ice on 19 June 2007 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 11 March 1985 and was commissioned in the Marine Corps Reserve on 15 August 1987. During this period he earned two qualifying years. Petitioner then served in an excellent manner for over eight years. On 3 August 1993, he was augmented into the Regular Marine Corps. He was honorably discharged on 30 September 1997 and accepted a reserve commission the next day. Therefore, at the end of his anniversary year ending on 10 March 1998, he was credited with 13 years of qualifying service for reserve retirement. Subsequently, he was promoted to major (MAJ; 0-4).
 d.       Petitioner’s Career Retirement Credit Reports shows that during six of the seven anniversary years beginning on 11 Mar 1998 and ending on 10 March 2005 he only earned membership points. In the anniversary year ending on 10 March 2000, he was credited with 39 of the 50 retirement points need for a qualifying year. In the two anniversary years beginning on 11 March 2005 and ending on 10 March 2007, he has been credited with 123 and 113 retirement points, respectively. Therefore, he now has 15 years of qualifying service. In the next anniversary year, which will end in March 2008, it appears that he will earn sufficient retirement points for a 16th qualifying year if he is allowed to serve until that date.
e.       Because of his inactivity, Petitioner failed of selection to lieutenant colonel (LTCOL; 0-5) on several occasions. On 13 May 2005, Headquarters Marine Corps sent him a letter informing that due to his failures of selection his separation was required, effective on 1 September 20007.
f.       If Petitioner had 16 years of qualifying service, he would be eligible to request continuation in the Marine Corps Reserve to complete 24 years of commissioned service. Continuation is not automatic but is only granted to officers in certain military occupational specialties. Continuation would allow him the opportunity to qualify for reserve retirement.
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 Petitioner served in an excellent manner, but failed of selection only because of his period of inactivity. Further, it appears that when discharged on 1 September 2007, he will have almost 15 and a half years of qualifying service. Since he is so close to having 16 years, the Board believes that a correction to allow consideration for continuation is warranted.
Therefore, 11 retirement points should be transferred from the excess over 50 in subsequent anniversary years into the anniversary year ending on 10 March 2000. When this action is taken, he will have 16 qualifying years as of 10 March 2007 and will be eligible to be considered for continuation.
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 correction to his record.



2
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by transferring
11 retirement points from the excess over 50 in subsequent
anniversary years into the anniversary year ending on 10 March
2000.
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 72 3.6(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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