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 N A W ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6553-98
18 August 1999
From :
To :
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Sub j :
Ref:
(a) ~ i t i e 10 U.S.C. 1552
Encl :
(1) DD Form 149 w/attachrnents
(2) Case Summary
(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 that the record be
corrected to show that he transferred to the Retired Reserve vice
being discharged.
2. The Board, consisting of Mr. Pfeiffer, Mr. Tew and Ms.
Moidel, reviewed Petitioner's allegations of error and injustice
on 17 August 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.
Enclosure (1) was filed in a timely manner.
c. Petitioner reenlisted in the Marine Corps Reserve for
three years on 30 April 1992 in the grade of MSGT (E-8). At the
time of reenlistment he was serving on extended active duty. On
1 January 1993 he was promoted to MGYSGT (E-9). At the end of
his anniversary year on 16 April 1995 he was credited with 21
years of qualifying service for reserve retirement.
d. Petitioner's three year enlistment expired on 29 April
1995 and there are no extensions in the record. Therefore, he
apparently had no status in the Marine Corps Reserve after that
date. However, he continued to serve on active duty until he was
released from active duty on 28 September 1995. A Career
Retirement Credit Report (CRCR) provided by Headquarters Marine
Corps shows 168 active duty points but he has only been credited
with service from the end of his anniversary year until the
expiration of his enlistment on 29 April 1995, a period of about
13 days.
e. The Board did not request an advisory opinion in this
case. However, the Board is aware that Headquarters Marine Corps
has routinely recommended corrective action in similar cases
where an individual was eligible for reserve retirement but had
been discharged and there is no explanation why this occurred.
f. 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 there are no extensions of enlistment in the
record and HQMC has not given him any retirement credit after 29
April 1995, the Board concludes that the record should be
corrected to show that he extended his enlistment for a period of
six months. With this correction, his expiration of enlistment
will be 29 October 1995.
Since Petitioner was in good standing in the Marine Corps Reserve
and would have been retired if he requested it prior to
discharge, the Board concludes that his record should be
corrected to show that he transferred to the Retired Reserve in
the grade of MGYSGT. Given the requirements of the Uniform
Retirement Date Act the Board further concludes that the
retirement should be effective on 1 October 1995. With this
correct, the record will show that he served on active duty until
28 September 1995, at which time he was released from active duty
and was in an inactive status until his retirement on 1 October
1995.
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.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he extended his three year enlistment in the Marine Corps Reserve
of 30 April 1992 for a period of six months.
b. That Petitioner's naval record be further corrected to show
that he transferred to the Retired Reserve on 1 October 1995 vice
being discharged on 29 October 1995 or any other date.
c. 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
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, 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.
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