Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 03374-07
Original file (03374-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                          
                                    TRG
         Docket No: 3374-07
         27 February 2008


From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:   

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 former midshipman, filed an application with this Board requesting that three retirement points be transferred from a qualifying year with excess points into an anniversary year in which he now has 47 retirement points.
2.       The Board, consisting of, reviewed Petitioner’s allegations of e rror and injustice on 12 February 2008 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 states in his application that in 1999 he transferred from the east coast to the west coast and because of administrative delays in affiliating him with a reserve unit he only earned 47 of the 50 retirement points necessary for a qualifying year.
d.       Attached to enclosure (1) is an advisory opinion from the Navy Personnel Command (Pers-9) which states, in part, as follows:
 [Petitioner] first entered military service in February 1988 at age 38. He will complete 19 years of qualifying service in May 2008 and will be age 59 at that time. All anniversary years since he was commissioned in the Navy Reserve are qualifying years except for his anniversary year ending 9 May 2002... [Movement of the three retirement points] would allow the member to qualify for retired pay at age 60 and to transferred to the Retired Reserve on or after 1 June
 2008.
Although we normally do not recommend crediting a nonqualifying year of service as a qualifying year by moving retirement points between anniversary years, we recommend making an exception in this case. . .There is no reason to doubt the members’s intent, and we agree that there appears to have been a lack of. . .guidance to help the member obtain the minimum points required during a year of major transition in his life...
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Given the circumstances and the recommendation contained in the advisory opinion, the Board concludes that Petitioner’s record should be corrected by moving three retirement points from the anniversary year ending on 9 May 1999 into the anniversary year ending on 9 May 2000.
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 transfer of the retirement points.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected by transferring three retirement points from the excess over 50 in the anniversary year ending on 9 May 1999 into his anniversary year ending on 9 May 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




2
complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN        BRIAN J. GEORGE
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


























Similar Decisions

  • 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 | CY2006 | 06705-06

    Original file (06705-06.pdf) Auto-classification: Approved

    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. 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...

  • NAVY | BCNR | CY2007 | 06945-07

    Original file (06945-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, filed an application with this Board requesting that his record be corrected to show that he is qualified for reserve retirement:and transferred to the Retired Reserve.2. A statement of service for reserve retirement has been obtained and shows the 40 retirement points and 15 membership points which means that at the end of his anniversary year on 23 September 2007 he now has 18 years of qualifying service.CONCLUSION:Upon review and...

  • 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 | CY2006 | 07321-06

    Original file (07321-06.rtf) Auto-classification: Approved

    the next 15 years. Attached to enclosure (1) is an advisory opinion from the Navy Personnel Command which states, in part, as follows:.... Because his record shows that he had only eleven years of qualifying service at that time, he was honorably discharged from the Navy Reserve on 1 October2003.We have reviewed the paperwork (Petitioner) provided with his petition and have updated his record .... to show 16 qualifying year of service and a total of 1199 points. This correction will allow...

  • 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...

  • NAVY | BCNR | CY2007 | 01831-07

    Original file (01831-07.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy Reserve, filed an application with this Board requesting that he be transferred to the Retired Reserve under the provisions of the Reserve Transition Benefits (RTB) program. That Petitioner's record be further corrected to show that he transferred to the Retired Reserve in the grade of CDR on 1 March 2006 and to the Retired List on his 60th birthday, 10 September 2006. c. That a copy of this Report of...

  • NAVY | BCNR | CY2007 | 00445-07

    Original file (00445-07.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100TRGDocket No:445-0723 February 2007From: Chairman, Board for Correction of Naval Records To: Secretary of. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Navy Reserve, filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve vice being discharged.2. The best way to correct the...

  • NAVY | BCNR | CY2001 | 00016-01

    Original file (00016-01.doc) Auto-classification: Approved

    The Board, consisting of Mr. Zsalman, Mr. Dunn and Ms. Hare, reviewed Petitioner’s allegations of error and injustice on 24 April 2001 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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 change in his retirement point record. That Petitioner’s naval...

  • NAVY | BCNR | CY2009 | 01355-09

    Original file (01355-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 1355-09% 18 February 2009 | From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD or i Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Marine Corps Reserve, filed an application with this Board requesting that two retirement points be transferred from the excess...