DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 823-10
14 Mar 11
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
14 March 2011. 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. In addition, the Board
considered the advisory opinion furnished by NPC memorandum 5420 PERS-
832B, 19 October 2010, a copy of which is attached.
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
regarding constructive service for completion of a minority
enlistment. In this connection, the Board substantially concurred
with the comments contained in the advisory opinion. Review of your
record shows that you served on active duty from approximately January
1966 to September 1975 (over 9 years). Thereafter you were affiliated
with the US Navy Reserve until approximately 1989. The inactive
participation summary that you submitted shows two years during which
you did not participate at all in the reserves and two more years
during which you did not obtain sufficient points to earn a creditable
year. In August 1988, you requested to be transferred to the Retired
Reserve (awaiting pay at age 60). In June 1989, in reply to your
retirement request, by the enclosed letter, you were advised that you
had only earned 19 years, 10 months and 3 days of qualifying service.
No action was taken on your request in order to “give you the
opportunity to continue your participation in the Naval Reserve until
you ... completed the statutory requirements for retirement pay.”
There is no evidence that you earned any additional qualifying years
after you were notified that you had insufficient service to qualify
for retirement.
You have now requested to be granted additional constructive service
for your minority enlistment. However, under the minority enlistment
program, in order to be granted constructive service, a Sailor was
required to complete the minority enlistment to within three months of
the expiration of the enlistment. In your case, your minority
enlistment expired on 25 January 1970. You reenlisted on 29 August
1969, more than 3 months before your minority enlistment expired.
Because your reenlistment occurred more than three months before the
expiration of the minority enlistment, you cannot be granted
constructive service for the completion of that enlistment.
Accordingly, your request to be granted constructive service for your
minority enlistment 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 also 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. If you have any evidence that you earned reserve
retirement points in excess of those shown on your inactive
participation summary, you should advise this Board without delay.
Sincerely,
ROBERT D. a.
Enclosures Deputy Executive Director
NAVY | BCNR | CY2009 | 00807-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
ARMY | BCMR | CY2004 | 20040002945C070208
He had qualifying years (earned 50 or more retirement points a year) for a non-regular retirement up through retirement year ending (RYE) date 5 September 1986. Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60. Although the FSM completed his 15 years of qualifying service under this law by 1 October 1991, the law established the period of retirement as beginning on 23 October 1992, four years after his separation.
NAVY | BCNR | CY2001 | 07390-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 June 2001. However, at the end of your anniversary year, on 10 October 1968, you were only credited with 37 retirement points. Therefore, at the end of the 10 October 1970 anniversary year you were only credited with 19 retirement points.
NAVY | BCNR | CY2005 | 06676-05
At the end of the approximately 30 year period ending on 30 June 1978 he was credited with about 19 years and 3 months of qualifying service. His retirement point record shows that he was credited with 60 retirement points in the anniversary year ending 30 June 1976, 32 retirement points in the anniversary year ending 30 June 1977, and 60 retirement points in the anniversary year ending 30 June 1978.CONCLUSION:Upon review and consideration of all the evidence of record the Board concludes...
ARMY | BCMR | CY2002 | 2002071008C070402
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he completed 20 years of qualifying service for a non-regular retirement and that he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP). Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60. That all of the Department of the Army records related to this case be...
NAVY | BCNR | CY2002 | 04417-00
On 6 February 1971 you reenlisted in the Marine Corps Reserve for six years. your years of qualifying service for reserve retirement. IN REPLY REFER TO 1821 MMSR-5 '14 Nov 96 Dear concerning record to the United that although 11 months are (IRR) United States Code, sections 12731 and 12732, require 365/366 day period in which a member earns a This is in response to your letter of 27 August 1996, your eligibility for Reserve Retired Pay.
NAVY | BCNR | CY2002 | 03808-02
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 | CY2001 | 02507-01
You requested, in effect, removal of your failures of selection by the Fiscal Year (FY) 99 and 00 Naval Reserve Line Lieutenant Commander Selection Boards; that you be granted a special selection board for FY 99; that your discharge of 31 March 2000 from the Naval Reserve be set aside; that you be reinstated to the Inactive Status List lieutenant, with a date of rank adjustment to reflect seniority as if you had been placed on the ISL on 1 June 1998; and that your 16 June 1995 completion of...
CG | BCMR | Other Cases | 2002-136
He stated that in January 1989 he received a letter from the Commandant, endorsed by CCGD one, stating that the applicant had failed to earn the minimum 27 points required to remain in the Active Reserve for the anniversary year ending September 2, 1988. The Chief Counsel stated that notwithstanding the Coast Guard's delay in processing the applicant's reserve application and oath of office, the applicant is not entitled to a correction of his record to provide point credit for drills that...
NAVY | BCNR | CY2008 | 12194-08
Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy Reserve, filed an application with this Board requesting that her record be corrected to show that she extended her last enlistment so that she can continue as a member of the Navy Reserve. in tHe anniversary year ending on 20 October 2008 she has been credited with 49 of the 50 retirement points necessary for another qualifying year. The Board further concludes that this Report of Proceedings should be...