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. 1552
Enel: (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 two retirement points
be transferred from the excess over 50 in the anniversary year
ending on 1 July 2006 into the anniversary year ending on 1 July
2007.
2. The Board, consisting of Ms. QF Ms QaRRRgBR and Ms.
. reviewed Petitioner's allegations of error and injustice
on 18 February 2009 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 was promoted to colonel (Col; O-6) on 1 June
2006. He is required to complete three qualifying years in grade
in order to retire as a Col. At the end of his anniversary year
on 1 July 2006 he was credited with 22 years of qualifying
service. In the anniversary year ending on 1 July 2007 he has
only been credited with 48 of the 50 retirement points necessary
for another qualifying year. In the next anniversary year he has
only been credited with membership points.
d. Regulations dictate that reserve officers who are
qualified for retirement are required to earn 50 retirement
points in every subsequent anniversary year. Failure to meet
this participation requirement requires the member's immediate
transfer to the Inactive Status List. As indicated Petitioner
now has two consecutive nonqualifying years. Headquarters Marine
Corps (HQMC) may waive one nonqualifying year but two
nonqualifying years requires a waiver by the Secretary of the
Navy.
e. Petitioner states, in effect, that if his 48 point year
is made qualifying that HQMC will waive the remaining
nonqualifying year and he will be placed in an important billet
to help prepare for the unit's deployment and will be attached to
the unit when it deploys to Iraq in late April or early May 2009.
HOMC has called the examiner assigned to the case and requested
expeditious treatment so that the required waiver can be granted
and orders issued.
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 request of HQMC, the
Board concludes that corrective action is warranted. Therefore,
his record should be corrected by moving two drill points from
the anniversary year ending on 1 July 2006 into the anniversary
year ending on 1 July 2007. With this correction Petitioner will
only have one nonqualifying year since he qualified for reserve
retirement.
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 change in the
number of qualifying years.
RECOMMENDATION :
a. That Petitioner's record be corrected by transferring two
drill points from the anniversary year ending on 1 July 2006 into
the anniversary year ending on 1 July 2007.
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 BRIAN J Guusen | Moog
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 P R
Executive tdr
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