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

Docket No. 2951-19  
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 22 Aug 19 
      (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 show Petitioner earned enough qualifying years to transfer to the retired reserve. 

2.  The Board, consisting of   , reviewed Petitioner’s allegations of error and injustice on 11 November 2019 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 14 March 2004, Petitioner completed 18 years of qualifying service. 

c.  On 14 March 2008, Petitioner was notified that due to his 18 years of qualifying service, his mandatory removal date was 1 January 2015.  Petitioner was required to obtain 20 Years of qualifying service prior to 1 January 2015 or be discharged. 

d.  On 11 December 2014, Petitioner completed 28 years of commissioned service (12 December 1986). 

e.  On 1 April 2015, Petitioner was discharged. 

f.  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 
merit and warrants 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 finds the existence of an injustice warranting the following corrective action. The Board concluded that the points for the following participation were not credited: Toys for Tots (24 November 1992 and 25 November 1992, and 26 November 1994 and 27 November 1994), active duty for training (8 August 1992 to 22 August 1992 and 17 October 1992 to 5 November 1992), Non paid drills (12 April 1994 and 14 May 1994).  The Board also concluded that if the earned points had been credited properly, Petitioner would have earned enough qualifying years to retire.  

RECOMMENDATION 

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

The record of discharge from the U.S. Marine Corps Reserve effective 1 April 2015, is rescinded. 

Petitioner completed all training and administrative requirements for a total of 54 points for the anniversary year ending 14 March 1993. Note: to accomplish this, Petitioner will be credited with 1 active duty training point and 4 non paid drill points. 

Petitioner completed all training and administrative requirements for a total of 54 points for the anniversary year ending 14 March 1995. Note: to accomplish this, Petitioner will be credited with 8 non paid drill points. 

Petitioner was transferred to the retired reserve, without pay, on 31 March 2015.  Petitioner completed over 20 years of qualifying service.  

Petitioner submitted a request for retired pay at age 60 prior to   (60th birthday), and was approved by cognizant authority. 

Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 

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.