BOARD FOR CORRECTION OF NAVAL RECORDS
107 S COURTHOUSE RD SUITE 100i

ARLINGTON VA 22204-2490

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BAN
Docket No.NRO09351-13
16 September 2014

From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy

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Ref: {a} THe 10 UGC. Lose
Encl: (1) DD Form 149 w/attachments
(2) Headquarters Marine Corps (HOMC) memo 1331 RCT
undated

(3) Honorable Discharge Certificate dated 9 Jan 2003

(4) Retirement Navy Reserve Inactive Duty Point
Spreadsheet

(5) Annual Retirement Credit Record

(6) DD Form 4/1 Fnlistment/Reenlistment Document dated
10 Jan 1999

(7) Petitioner's reference letters

(8) Petitioner’s reference letters for Toys for Tots

1. Pursuant to the provisions of reference (a) Petitioner,
filed enclosure (1) with this Board requesting, in effect, that
the applicable naval record be corrected to show that he
qualified for a non-regular Marine Corps Reserve retirement
after 20 years of service on 13 March 2003.

 

2. The Board, consisting of Messrs. Exnicios, George and
Ruskin, reviewed Petitioner's allegations of error and injustice
on 18 August 2014 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 ef 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. Although it appears that enclosure (1) was not filed in
a timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.

c. in September 2015, Seiiiiouer submwitled a request to
BCNR to show that he completed 20 years of service in the Marine
Corps Reserve and to receive a non-regular retirement at age 60,

enclosure (1).

d. On 19 March 1983, Petitioner joined the Marine Corps
Reserve with no break in service until the expiration of his
contract on 9 January 2003. He maintained satisfactory
participation except for his final anniversary year, which was
incomplete due to his separation on 9 January 2003),
approximately three months shy of reaching his retirement date,
enclosures (3) and (4).

e. Petitioner needed 50 points to complete a satisfactory
year in 2003, but only received 14 points. However, in February
2003, after his separation, Petitioner contacted his career
planner to request retention/extension of his contract (which
was expired) to reach his 20 years of satisfactory service for
retirement.

fF. Petitioner claims that he thought that when he was
separated in 9 January 2003, that he reached the required amount
of service for a non-regular retirement, enclosure (5).
Further, Petitioner states that the error occurred when he re-
enlisted on 10 January 1999, enclosure (6), approximately three
months early due to his career planner’s advice and
recommendation. This caused a three month shortage necessary to
complete his 20 year reserve retirement from the date of his Pay
Entry Base Date of 19 March 1983.°

g. Petitioner claims that he noticed the error in February
2003, and that he made several attempts to contact the Marine
Corps Reserve Support Command (MCRSC) who had authority over all
Individual Ready Reserve (IRR) Marine personnel issues,
including retention. However, there were e-mail errors and
therefore, his correspondence to MCRSC were never answered or
addressed, and he subsequently was discharge.

 

support his claims that he made efforts to correct the error in 2003; however, in
2014, the unit is now dis-banned and the only official documentation that supports his

claims are the letters of support, enclosure (7) s

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h. Finally, Petitioner claims that he recently found out
about this Board to address his concerns. He is asking that his
service with the Toys for Tots be used to accumulate the
required 50 point threshold for a satisfactory year, enclosure

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(6), ala uLLittaLtcsy Lorscive a@ Non-Tegusas Marine Corps Recerve

retirement.

i. Enclosure (2) provided an unfavorable advisory opinion
stating that Petitioner failed to obtain the required points to
have a satisfactory year to be eligible for retirement, and
“although it is regrettable that [Petitioner’s] contract lapsed
it is not in accordance with directives and regulations to
extend a contract that has ended or back date an extension of a
contract that has ended”. Additionally, the advisory opinion
added that since Petitioner does have a course of action
available to him; he may request a 12 month reenlistment from
Reserve Affairs-Reserve Continuation and Transition (RA-RCT)
directly. Petitioner can be screened for retention as an O£L
Contract Accession Ready Reserve, allowing him time to acquire
the required points for retirement.

CONCLUSION:

Upon review and consideration of all the evidence of record, and
despite the unfavorable advisory opinion, the Board concludes
that Petitioner’s request warrants favorable action. The Board
believes that Petitioner presented sufficient evidence to show
that he believed that he had a satisfactory year when he was
released from his contract in 2003, and that his post service
time in the Toys for Tots program suffices for credible service
toward a qualifying year in 2003. Therefore, the Board finds
that in light of these circumstances, there is no significant
disadvantage to the Marine Corps in honoring the request.
Accordingly, the Board concludes that the record should be
corrected to show that Petitioner had a satisfactory year in
2003 for retirement in the Marine Corps Reserve and was eligible
for a non-regular Marine Corps Reserve Retirement without pay on
1 April 2003 with 20 years of satisfactory service.

RECOMMENDATION :

That Petitioner’s naval record be corrected, where appropriate,
to show that:

er
a. Effective 1 April 2003, Petitioner had 20 years of
satisfactory service in the Marine Corps Reserve and is eligible
for a non-regular Marine Corps Reserve retirement with pay at

 

age 60.

4. pursuant to section 6(c) Of Lhe revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 793..6(e)) it is certatized that 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.

Ti:

Acti Recorder

5. The foregoing report of the Board is submitted for your

 
   

review and action.

ROBERT J. O’NEILL
Executive Director

Reviewed and Approved:

 

 

ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)

1000 Navy Pentagon, Rm 40548
Washington, DC 20350-1000