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NAVY | BCNR | CY1999 | 02040-99
Original file (02040-99.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 N A W  ANNEX 

WASHINGTON DC  20370-5100 

TRG 
Docket No:  2040-99 
21 July 1999 

From: 
To : 

Chairman, 
Secretary 

Board for Correction of Naval Records 
of the Navy 

Sub j : 

Ref: 

Encl : 

REVIEW OF NAVAL RECORD OF O
IP 
(a) Title 10 U.S.C.  1552 

R

,

(1) DD Form 149 w/attachments 
(2) HQMC Memos MMSR-6J of 27 May and RAP-21 of 15 Jun 99 
(3) Subject ls  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 on 1 
January 1999 with eligibility for Reserve Special Separation Pay 
(RSSP) vice being discharged on 6 January 1999. 

2.  The Board, consisting of Mr. Mathews, Mr.  Dunn and Ms. 
McCormick, reviewed Petitioner's  allegations of error and 
injustice on 13 July 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.  Enclosure  (1) was filed in a timely manner. 

c.  Petitioner reenlisted in the Marine Corps Reserve on 7 
February 1993.  On 1 January 1997 he was promoted to MSGT  (E-8). 
In connection with his promotion, he extended his enlistment for 
23 months to meet the two-year obligated service requirement for 
promotion and subsequently earned two qualifying years.  He was 
honorably discharged on 6 January 1999 at the expiration of his 
enlistment as extended.  At the time of his time, he was credited 
with 25 years, 11 months and 4 days of qualifying service for 
reserve retirement. 

d.  The advisory opinion at enclosure  (2) from Headquarters 

Marine Corps  (MMSR-6J) recommends that Petitioner's  record be 

corrected to show that he transferred to the Retired Reserve on 1 
January 1999 vice being discharged on 6 January 1999.  MMSR-6J 
defers to the Reserve Affairs Division  (RAD) for comments on the 
RSSP issue. 

e.  Also at enclosure  (2) is the advisory opinion on the 

RSSP issue.  The opinion states that if Petitioner had been 
retired on 1 January 1999 he would have met all the requirements 
for RSSP. 

CONCLUSION: 

Upon review and consideration of all the evidence of record the 
Board concludes that Petitioner's  request warrants favorable 
action.  Petitioner was in good standing in the Marine Corps 
Reserve and would have been retired if his retirement had been 
processed before the expiration of his enlistment.  Therefore, 
the Board agrees with the recommendation from MMSR-6J and 
concludes that Petitioner should be transferred to the Retired 
Reserve on 1 January 1999 in the grade of MSGT. 

Since Petitioner met the requirements for the RSSP program,  the 
Board agrees with the recommendation from RAD and concludes that 
the record should be corrected to show entitlement to RSSP. 

Finally, the Board concludes that this Report of Proceedings 
should be filed in Petitioner's  naval record so that all future 
reviewers will understand that he transferred to the Retired 
Reserve with entitlement to RSSP. 

RECOMMENDATION : 

a.  That Petitioner's  naval record be corrected to show that 
he transferred to the Retired Reserve on 1 January 1999 in the 
grade of MSGT with entitlement to Reserve Special Separation Pay, 
vice being discharged on 6 January 1999. 

b.  That t h i s   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  t o   t h e   d e l e g a t i o n   o f   a u t h o r i t y   set  o u t   i n  S e c t i o n  
6 ( e )   of  t h e   r e v i s e d   Procedures  o f   t h e   Board  f o r  C o r r e c t i o n   o f  
Naval  Records  (32  Code  o f   F e d e r a l   R e g u l a t i o n s ,   S e c t i o n   7 2 3 . 6 ( e ) )  
and  having  a s s u r e d   compliance  w i t h   i t s  p r o v i s i o n s ,   i t  i s  hereby 
announced  t h a t   t h e   f o r e g o i n g   c o r r e c t i v e   a c t i o n ,   t a k e n   under  t h e  
a u t h o r i t y   of  r e f e r e n c e   ( a ) ,  h a s   been  approved  by  t h e   Board  on 
b e h a l f   o f   t h e   S e c r e t a r y   o f   t h e  Navy. 

W.  DEAN  P 
Executive%% 



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