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NAVY | BCNR | CY1998 | 07190-98
Original file (07190-98.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 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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