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NAVY | BCNR | CY1999 | 03373-99
Original file (03373-99.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:  3373-99 
21 July 1999 

From:  Chairman, Board for Correction of Naval Records 
To : 

Secretary of the Navy 

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 naval 
record be corrected to show that he transferred to the Retired 
Reserve vice being discharged on 2 November 1991. 

The Board, consisting of Mr.  Pauling, Ms. Madison and Ms. 
or, reviewed Petitioner's  allegations of error and injustice 
:O July 1999 and, pursuant to its regulations, determined that 
corrective action indicated below should be taken on the 

2. 
Tayl 
on 2 
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 for 

five years on 2 May 1986 in the grade of GYSGT  (E-7) and 
subsequently extended that enlistment on two occasions totaling 
six months.  Subsequently,  he was promoted to lstSGT  (E-8). 
There is no promotion documentation in the record, however, it 
appears that he was promoted on 1 January 1991.  The record shows 
that he transferred to the Individual Ready Reserve on 13 
September 1991.  There are no discharge entries in the record, 
however, his enlistment as extended would have  expired on 1 
November 1991.  On 6 December 1991 he was issued a Notification 
of Eligibility for Retired Pay at Age 60. 

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 in similar cases 
where an individual was in good standing in the Marine Corps 
Reserve and there is no explanation in the record why the 
individual was discharged and not retired or administrative 
problems prevented retirement prior to discharge. 

e.  The Board notes that the date of Petitioner promotion to 

lstSGT cannot be clearly ascertained from the record.  However, 
it may be that he was promoted on 1 January 1991.  The Board is 
aware that under current regulations he normally would be 
required to complete two qualifying years in order to retire at 
that grade.  The date this requirement became effective is 
unknown. 

f.  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 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 Petitioner 
transferred to the Retired Reserve vice being discharged on 1 
November 1991.  Given the requirements of the Uniform Retirement 
Date Act,  the Board further concludes that Petitioner should be 
transferred to the Retired Reserve effective 1 November 1991. 

The Board does not have sufficient documentation to determine 
Petitioner's  grade on retirement.  Therefore, it concluded that 
the determination of the grade of retirement should be left to 
Headquarters Marine Corps.  If Petitioner is unhappy with the 
final determination he can make a separate application on this 
issue to the Board. 

The Board also 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 his 
he transferred to the Retired Reserve effective 1 November 1991 

vice being discharged on 1 November 1991. 

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.  G ~ ~ S M I T H  
Acting Recorder 

delegation of authority set out in Section 
Procedures of the Board for Correction of 

5.  Pursuant to the 
6 (e) of the revised 
Naval Records  (32 Code of Federal Regulations, Section 723.6(e)) 
and having assured compliance with its provisions, it is hereby 
announced that the foregoing corrective action, taken under the 
authority of reference  (a), has been approved by the Board on 
behalf of the Secretary of the Navy. 

Executive D 



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