D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6037-98
13 April 1999
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
ORD OF 0
Ref:
(a)TitlelOU.S.C.1552
Encl: (1) DD Form 149 w/attachments
(2) HQMC memo 1760 MMSR-6J of 5 Apr 99
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Marine Corps Reserve
filed enclosure (1) with this Board requesting, in effect, that
his record be corrected to show that he transferred to the
Retired Reserve vice being discharged on 29 December 1981.
2. The Board, consisting of Mr. Pfeiffer, Mr. Cali and Mr. Dunn,
reviewed Petitioner's allegations of error and injustice on 13
April 1999 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. 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. Petitioner reenlisted in the USMCR on 30 September 1979
for two years in the grade of lstSGT (E-8). On 24 August 1980 he
was issued a Notification of Eligibility for Retired Pay at Age
60. He was honorably discharged on 29 September 1981 at the
expiration of his enlistment. Petitioner became 60 years old on
30 July 1997.
d. At enclosure (2) is an advisory opinion from
Headquarters Marine Corps which states, in part, as follows:
This Branch would have no objection to a correction of
(his) record to show retirement on 1 September 1981
vice discharge on 29 September 1981 and eligibility to
receive retired pay on 30 July 1997.
e. The Board is aware that the Uniform Retirement Date Act,
5 U.S.C. 8301 requires that the effective date of any retirement
be the first day of the month.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Since he was in good standing in the Marine Corps
Reserve and would have been retired if he had requested it, the
Board agrees with the recommendation contained in the advisory
opinion and concludes that the record should be corrected to show
that he transferred to the Retired Reserve in the grade of lstSGT
vice being discharged. Given the requirements of the Uniform
Retirement Date Act the effective date of the retirement should
be 1 September 1981. Since Petitioner is 60 years old, the Board
further concludes that the record should show that he transferred
to the Retired List on 30 July 1997.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand his status in the Retired Reserve.
RE COMMENDATION :
a. That Petitioner's naval record be corrected to show that the
transferred to the Retired Reserve on 1 September 1981 in the
grade of lstSGT vice being discharged on 29 September 1981. The
record should then be corrected to show that he transferred to
the Retired List on 30 July 1997.
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
Recorder
ALAN E. GOLDSMITH
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, i t i s 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.
n
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