DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 . Docket No: 12111-08
18 June 2009
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 i6 June 2009. 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.
You enlisted in the Navy Reserve on 1 November 1939 and were
honorably discharged on 15 September 1940 to begin service as an
aviation cadet. On 6 June 1943 you were commissioned in the
Marine Corps Reserve. Subsequently, you were awarded several Air
Medals while serving in the Pacific Area of Operations. You were
released from active duty in 1945.
On 1 July 1949 the current reserve retirement law became
effective. All service prior to that date was declared to be
qualifying for reserve retirement purposes. In order to earn a
qualifying year and reserve retirement after that date an
individual had to earn 50 retirement points a year and accumulate
20 qualifying years in order to be eligible for reserve retired
pay at age 60.
It appears that as of 1 July 1949 you would have been credited
with more than 10 years of qualifying service. After 1 July 1949
you had some participation in the Marine Corps Reserve. However,
you resigned your commission and were honorably discharged on 18
January 1954, At that time, you had less than 15 years of total
service and only about 10 or 11 years of those years were
qualifying.
Since you are not close to having 20 qualifying years it is clear
that you are not eligible for reserve retirement. Further, there
was no provision in the law for 15 year retirement until the
1990's and that authority has since been cancelled. Further,
early retirement was only offered to certain individuals in an
active status as a force reduction tool and would not have
applied to your situation even if you had 15 years of qualifying
service.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
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,
Lo Dea A
W. DEAN PFEHIFS
Executive Di
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