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 
 (b) MCO 1001R.1 (series) 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to transfer points from one anniversary year to anniversary year ending  
24 January 2005 and be transferred to the Retired Reserve awaiting pay at age 60. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 24 November 2020 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, relevant portions of Petitioner’s naval record, 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
    a.  On 25 January 1985, Petitioner affiliated with the Marine Corps Reserve. 
 
    b.  Petitioner reenlisted on 9 March 1997 for term of 6-years.  Subsequently, Petitioner executed two extensions totaling 24-months.  End Current Contract (ECC) was 8 March 2005. 
 
    c.  On 20 January 2004, Petitioner signed the Oath of Office for duties of Deputy Sheriff for the  Sheriff’s Office. 
 
    d.  On 14 May 2004, Petitioner graduated from the  Criminal Justice Academy. 
 
    e.  On 13 July 2004, Petitioner completed the Basic Recruit Certificate of Compliance Correctional Officers course. 
 
    f.  On 8 March 2005, Petitioner was discharged at ECC with 19 total years qualifying service for retirement. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner failed to meet satisfactory participation requirements for anniversary year ending 24 January 2005 in accordance with reference (b), as a result of experiencing a civilian employment conflict.  However, a review of Petitioner’s record indicates previous continuous satisfactory participation from the time of initial enlistment; therefore, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s discharge dated 8 March 2005 is rescinded. 
 
Fifteen (15) IDT points were transferred from anniversary year ending 24 January 2003 to anniversary year ending 24 January 2005.  Note:  This change will result in a satisfactory year of service for anniversary year ending 24 January 2005. 
 
Petitioner submitted request to transfer to the Retired Reserve awaiting pay at age 60; the request was approved with an effective date of 1 February 2005. 
                                                             
A copy of this Report of Proceedings will 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. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.