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Decision Text

NAVY | BCNR | CY1999 | 00843-99
Original file (00843-99.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 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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