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NAVY | BCNR | CY1998 | 06037-98
Original file (06037-98.pdf) Auto-classification: Approved
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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