DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
“TRG
Docket No: 9790-07
23 June 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ofl
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
retired Navy Reservist, filed an application with this Board
Ms. g and Ms.
Tegations of error and
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:
c. Attached at enclosure (1) is an advisory opinion from
the Navy Personnel Command (Pers 911) in Petitioner's case which
States that there is documentation to Support payment for active
duty pay offset by any incapacitation pay and the crediting of
additional retirement points on 14 February 2006 and 10-12 April
2006. Pers-911 further concludes that there is no documentation
to support crediting of retirement points or pay on 22 April and
13 May 2005. Although endorsed orders are not available, Pers-
911 believes that Petitioner should be credited with retirement
points for the period 30 October to 2 November 2003.
CONCLUSION:
favorable action. Since documentation is not available to
Support crediting of retirement points for 22 April and 13 May
2005 his request for crediting those points is denied. Given the
recommendation contained in the advisory opinion, the Board
concludes that Petitioner should be credited with nonpay
retirement points for the period 30 October to 2 November 2003.
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 changes in the
retirement point record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he earned nonpay retirement points during the period 30 October
to 2 November 2003 (three retirement points).
b. That Petitioner's request for retirement points for 22 April
and 13 May 2005 be denied.
c. 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 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.
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