DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 10075-19  
Ref:   Signature Date  

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

Ref:  (a) Title 10 U.S.C. §1552 

Encl: (1) DD Form 149 w/attachments 
      (2) HQMC memo 1820 MMSR-5 of 21 Jan 20 
      (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 restore the anniversary years ending 17 August 2000, 17 August 2011, and 17 August 2015 on the Career Retirement Credit Report (CRCR) and reflect 20 satisfactory years. 

The Board, consisting of        , reviewed Petitioner’s allegations of error and injustice on 21 April 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, 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.  On 17 August 1996, Petitioner entered the Navy Reserve Officer Training Corps (NROTC). 

c.  On 19 May 2000, Petitioner completed NROTC. 

d.  On 20 May 2000, Petitioner was commissioned. 

e.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has partial merit and warrants partial favorable action. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board agreed that Petitioner’s anniversary date was changed from 17 August to 19 May due to no fault of Petitioner which caused a reduction in qualifying years towards a Reserve retirement.  The Board finds the existence of an injustice warranting the following partial corrective action. 

RECOMMENDATION 

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

Transfer 35 paid drills be moved from anniversary year ending 19 May 2013 to anniversary year ending 19 May 2011.  This action will establish a satisfactory year for anniversary year ending 19 May 2011. 

Transfer 2 paid drills be moved from anniversary year ending 19 May 2016 to anniversary year ending 19 May 2015. This action will establish a satisfactory year for anniversary year ending 19 May 2015. 

In so far as Petitioner's request for corrective action that exceeds the foregoing, the Board agreed that Petitioner’s request to restore anniversaryyear ending 2000 cannot be completed because the first anniversary ends 19 May 2001.  The Board agreed with the advisory opinion that in accordance with Title 10 United States Code, Section 2107(g), that service performed while serving as an NROTC midshipman is not creditable for pay or allowances after 12 October 1964.  The Board does not agree with the Advisory Opinion that points should be added to anniversary year ending 19 May 2010 because the year was already a satisfactory year towards a Reserve retirement.
  
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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.