DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 7640-10
2i Dec 10
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo 7000 PERS 8353 of 1 Nov 10
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to show Petitioner received credit for his summer Reserve Officer
Training Corps (ROTC) cruises toward his retirement pay.
2. The Board, consisting of Messrs. Exnicios, George, and Pfeiffer
reviewed Petitioner’s allegations of error and injustice on
21 December 2010 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. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner’s
application has commented essentially as follows: Prior to
31 December 2009 US Navy retirees were granted credit for Midshipman
cruises performed while member of Reserve Officer Training Corps
(ROTC). After 31 December 2009, the policy changed. No credit has
been granted after that date even for retirees whose cruises were
completed prior to 31 December 2009. This particular applicant should
be granted credit, but only because he began the process of seeking
eredit prior to 31 December 2009.
Docket No. 7640-10
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
the existence of an injustice warranting the following corrective
ackion.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner was authorized credit for the following summer
cruises while enrolled in ROTC:
8 August -— 6 September 1977, USS Albany (CG-10), 29 Days
31 July - 25 August 1978, CORTRAMID WEST, 25 days
6 August - 4 September 1979, USS La Moure County (LST-1194),
29 days.
Petitioner will be authorized credit for the midshipman cruises for 2
months and 23 days as creditable service for retirement pay purposes
only.
b. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4. It is certified that quorum was present at the Board's review and
deliberations, and that the foregoing is a true complete record of the
Board’s proceedings in the above entitled matter.
WLLAST _
ROBERT D. Z4SALMAN WILLIAM J. HESS, III
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.
22 December 2010
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