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 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7190-98
18 August 1999
From :
To :
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Sub j :
REVIEW OF NAVAL RECORD OF
--mmm
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) DD Form 149 w/attachments
(2) HQMC Memo MMSR-6 of 19 Jul 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 that his record be
corrected to show that he transferred to the Retired Reserve vice
being discharged on 1 August 1991.
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.
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 Marine Corps Reserve on 4
February 1987 for four years and subsequently extended that
enlistment for four months. On 1 December 1988 he was promoted
to MSGT (E-8). His retirement point record shows that at the end
of the anniversary year on 4 January 1991, he was credited with
20 consecutive qualifying years for retirement. During his last
anniversary year he transferred to the Individual Ready Reserve
(IRR). There are no discharge entries in the record, however,
his enlistment as extended would have expired on 3 August 1991.
On 12 August 1991 he was issued a Notification of Eligibility for
Retired Pay at Age 60.
d. At enclosure (2) is an advisory opinion from
Headquarters Marine Corps which records that Petitioner be
transferred to the Retired Reserve effective 1 August 1991.
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 date of the month.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes that Petitioner was in good standing in
the Marine Corps Reserve and would have been retired if he had
requested it. Therefore, the Board agrees with the
recommendation contained in the advisory opinion and concludes
that Petitioner should be transferred to the Retired Reserve on 1
August 1991 in the grade of MSGT vice being discharged on 3
August 1991 or any other date.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand Petitioner status in the Retired
Reserve.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that he
transferred to the Retired Reserve on 1 August 1991 in the grade
of MSGT, vice being discharged.
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.
//#/ ALAN E.
Acting Recorder
ROBERT
Recorder D. ZSALMAN
SMI T
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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