DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 4761-11
29 September 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c, 1552
Encl: (1) DD Form 149 dtd 28 Apr 11 w/attachments
(2) CMC MMSR ltr dtd 16 Sep 11
(3) Subj‘s naval record
1. Pursuant to the provisions of reference (a}, Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected to show two
additional qualifying years, so that he will be given an
opportunity to qualify for reserve retirement benefits.
2. The Board, consisting of Messrs. Boyd, Exnicios, and
Whalen, reviewed allegations of error and injustice on 27
September 2011, 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner was discharged from the Marine Corps Reserve
on 30 June 1984 with 14 years, one month, and 18 days of
commissioned service, but with only seven years of qualifying
service. He was then reappointed in the Marine Corps Reserve
on 2 April 2002 at age 52. He currently is serving as a
lieutenant colonel (pay grade O-5) and has 18 years of
qualifying service, but will be 62 years old on 30 October
2011. Only chaplains, medical specialists, and officers in pay
grade 0-7 or above are allowed to serve beyond the age of 62.
His Mandatory Removal Date (MRD) is 31 October 2011. Although
he is in the 18 year sanctuary zone, he cannot continue to
serve beyond his 62nd birthday. He requested to continue to
serve beyond his MRD, but was denied (enclosure (2}).
c. Petitioner has two anniversary years where he did not
earn enough points to make them qualifying years for reserve
retirement purposes. A qualifying year consists of a minimum
of 50 points. These two unsatisfactory anniversary years end
on 11 May 1977 and 11 May 1978.
CONCLUSION :
Upon review and consideration of all the evidence of record,
the Board finds the existence of an injustice warranting
relief. The Board finds that he is willing to continue to
serve, but his age denies him that opportunity. The Board
concludes that after 18 qualifying years of service for reserve
retirement purposes, it would be unfair to not allow him to
retire. In view of the above, the Board recommends the
following corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by moving
21 non-active duty retirement points to his anniversary year
ending 11 May 1977, and 22 non-active duty retirement points to
his anniversary year ending 11 May 1978, from the excess over
50 points in qualifying years, to raise the total in the two
non-qualifying years to 50 points.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner’s record and that no such
entries or material be added to the record in the future.
d. That any material directed to be removed from
Petitioner’s naval. record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6{c)) 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.
Qriscen ) Aroag
ROBERT D. ASALMAN 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.
ieee
Executive Dire
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