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NAVY | BCNR | CY2007 | 05585-07
Original file (05585-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX
         WASHINGTON DC 20750


                                             TRG

Docket No: 5585-07
17 December 2007






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 11 December 2007. 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.

Your Career Retirement Credit Report shows that as of 19 April 2007, you have completed 12 years of qualifying service for reserve retirement purposes. Further, you are continuing to earn retirement points and it appears that on 19 April 2008 you will have another qualifying year. However, in the anniversary year ending on 19 April 1999, you have only been credited with 49 of the required 50 retirement points for another qualifying year.

In your application, you are requesting that one retirement point be transferred from the excess in the subsequent anniversary year into the anniversary year ending on 19 April 1999 to make it a qualifying year. You state that you missed drills because you were attending a police academy and when you attempted to make up the drills they were credited in the wrong year.




It is clear that there are many reservists in your situation with one or more nonqualifying years and the Board normally restricts action to transfer retirement points to those reservists who cannot earn additional qualifying years for retirement. This is clearly not applicable in your case, since you are not at service limitations and are continuing to earn qualifying years. Further, there appears to be no other compelling reason to grant the relief you seek.
Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

If you have documentation showing that the drills were erroneously credited in the wrong anniversary year, you should contact Headquarters Marine Corps (MMSR-5) at 703-784-9306 to ascertain if your retirement point record can be administratively corrected.

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,





         W. DEAN PFIEFFER
         Executive Director
                 

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