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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