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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