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NAVY | BCNR | CY1998 | 06553-98
Original file (06553-98.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 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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