DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100

 		           TRG
	Docket No: 7807-07
	20 March 2008

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

End:	(1) Case Summary
(2)	Subject’s naval record

1.	Pursuant to the provisions of reference (a), Petitioner, a former midshipman, filed an application with this Board requesting that retirement points be transferred from one year to another.

2. The Board, consisting of Mr. Mr. and Mr.  reviewed Petitioner’s allegations of error and injustice on 18 March 2008 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 submitted in a timely manner.

c.	Petitioner’s Career Retired Credit Report shows that in the anniversary year ending on 15 October 2005 he has been awarded 43 retirement points. 28 of those points were from completed correspondence courses. In the next anniversary year ending on 15 October 2006 he has been credited with 26 retirement points from the completion of correspondence courses.

d.	Attached at enclosure (1) is an advisory opinion from Headquarters Marine Corps which states, in part, as follows:

•	{Petitioner] was credited with 28 correspondence points for the anniversary year ending on 15 October 2005. He was credited an additional 10 Correspondence
points on Monday, 17 October 2005. [Petitioner] asserts that the correspondence courses credited on 17 October 2005 were completed well in advance of his anniversary date ending 15 October 2005. It is reasonable to believe that the Columbus Day observance on 10 October 2005 and the weekend before 17 October 2005 caused a delay in the grading and subsequent posting of his correspondence courses.

• Based on the above, this Headquarters recommends that 10 correspondence points be moved from the anniversary year ending 15 October ending 15 October 2006 to the anniversary year ending 15 October 2005...

CONCLUSION:

Upon review and consideration of all the evidence of record and especially the recommendation contained in the advisory opinion the Board concludes that Petitioner’s request warrants favorable action. Therefore, 10 correspondence retirement points should be transferred from the anniversary year ending on 15 October 2006 into the anniversary year ending on 15 October 2005.

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 for retirement.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected by transferring 10 correspondence course retirement points from the anniversary year ending on 15 October 2006 into the anniversary year ending on 15 October 2005.

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. 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.

~	W. DEAN PFEIFFER
Executive Director

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