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NAVY | BCNR | CY1999 | 02265-99
Original file (02265-99.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 ANNEX 

WASHINGTON DC  20370-5100 

TRG 
Docket No:  2265-99 
26 May 1999 

From: 
To : 

Subj : 

Ref: 

Encl : 

Chairman, Board for Correction of N a n 1  Records 
Secretary of the Navy 
REVIEW OF NAVAL RECORD OF 0 
0 
(a) Title 10 U.S.C.  1552 

, 

(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 naval 
record be corrected to establish eligibility for retired pay at 
age 60. 

2.  The Board, consisting of Mr.  Kastner, Mr. Mazza and Ms. 
McCormick, reviewed Petitioner's allegations of error and 
injustice on 25 May  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 14 

February 1990 in the grade of GYSGT  (E-7).  The record shows that 
he transferred to the Individual Ready Reserve  (IRR) on 22 May 
1990.  A career retirement credit report in the record dated 6 
August  1992 shows that as of the anniversary year ending 18 May 
1991, he was credited with 21 years of qualifying service for 
reserve retirement.  He was honorably discharged on 13 February 
1993 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 recommended corrective action if an individual was 
in good standing in the Marine Corps Reserve and there is no 
explanation in the record why the was discharged and not retired. 

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.  The Board notes that Petitioner was in good standing in 
the Marine Corps Reserve at the time of his discharge and would 
have been retired if he had requested it.  Given the 
circumstances, the Board concludes that the record should be 
corrected to show that he transferred to the Retired Reserve in 
the grade of GYSGT, vice being discharged on 13 February 1993. 
In view of the requirements of the Uniform Retirement Date Act, 
the Board further concludes that the transfer to the Retired 
Reserve  should be effective on 1 February 1993. 

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 correct status in the Retired 
Reserve. 

RECOMMENDATION: 

a.  That Petitioner's  naval record be corrected to show that 
he transferred to the Retired Reserve in the grade of GYSGT on 1 
February 1993 vice being discharged on 13 February 1993. 

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.  ZSAIMAN 
Recorder 

ALAN  E.  GOLDSMI* 
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   the  foregoing  c o r r e c t i v e   a c t i o n ,   taken under  the 
authority  o f   reference  ( a ) ,  has  been approved  by  the  Board  on 
behalf  o f   the  Secretary  o f   the  Navy. 



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