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 ANNW.
WASHINGTON DC 20370-5100
TRG
Docket No: 843-99
6 April 1999
From: Chairman,
Secretary
To :
-
Subi : REVIEW OF
Board for Correction of Naval Records
of the Navy
NAVAL RECORD
Ref:
(a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(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 his record be
corrected to show that he transferred to the Retired Reserve vice
being discharged on 5 January 1994.
2. The Board, consisting of Mr. Zsalman, Mr. Milner and Ms.
Madison, reviewed Petitioner's allegations of error and injustice
on 23 March 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 was issued a Notification of Eligibility for
Retired Pay at Age 60 on 6 May 1987. Subsequently, on 6 June
1988 he reenlisted for six years. During this enlistment, on 1
December 1988 he was promoted to MGYSGT (E-9) and participated in
Operation Desert Shield/Storm. He then continued to drill in an
outstanding manner until he transferred to the Individual Ready
Reserve (IRR) on 3 February 1994. He was honorably discharged on
5 June 1994 at the expiration of his enlistment.
d. The Board did not request an advisory opinion in this
case. However, the Board is aware that Headquarters Marine Corps
has routinely recormended favorable action in similar cases when
an individual was in good standing in the Marine Corps Reserve
and there is no explanation in the record why an individual was
discharged and not retired. In this case it may be that
Petitioner was unaware that retirement was not automatic but had
to be requested.
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 concludes that the record should show that he transferred
to the Retired Reserve in the grade of MGYSGT vice being
discharged. Given the requirements of the Uniform Retirement
Date Act the effective date of the retirement should be 1 June
1994.
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 the
transferred to the Retired Reserve on 1 June 1994 in the grade of
MGYSGT vice being discharged on 5 June 1994.
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, it is hereby
announced t h a t t h e foregoing corrective a c t i o n , taken under the
a u t h o r i t y of reference ( a ) , has been approved by the Board on
behalf of t h e Secretary of t h e Navy.
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