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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