DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 634-01
3 October 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
.
. .
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Marine Corps Reserve
filed an application with this Board requesting that his record
be corrected to show that he transferred to the Retired Reserve
vice being discharged on 26 September 1990.
The Board, consisting of Mr. Pfeiffer, Mr. Whitener and Mr.
2.
Beckett, reviewed Petitioner's allegations of error and injustice
on 2 October 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
The Board, having reviewed all the facts of record pertaining
3.
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 Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
,
C .
Petitioner reenlisted in the Marine Corps Reserve on 27
A Reserve Retirement Credit Report in the record
June 1987 for two years in the grade of GYSGT (E-7). He
subsequently extended that enlistment on two occasions totaling
15 months.
shows that he completed 20 years of qualifying service for
reserve retirement at the end of his anniversary year on 26 June
1989.
Reserve (IRR).
at the expiration of his enlistment, as extended.
On 27 December 1989 he transferred to the Individual Ready
He was honorably discharged on 26 September 1990
d.
The Board did not request an advisory opinion in this
However, the Board is aware that Headquarters Marine Corps
case.
has routinely recommended corrective action in similar cases when
and individual is qualified for reserve retirement and there is
no explanation in the record why they were discharged and not
retired.
The
U.S'C. 8301
Board is aware that the Uniform Retirement Date Act,
requires that the effective date of any retirement
5
be the first day of the month.
CONCLUSION:
The Board notes that Petitioner was in good standing in
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
the Marine Corps Reserve and would have been retired if he had
requested it.
transferred to the Retired Reserve in the grade of GYSGT.
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 September 1990 vice the
discharge of 26 September 1990 now of record.
Therefore, the Board concludes that he should be
Given
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 status in the Retired Reserve.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
he transferred to the Retired Reserve on 1 September 1990 in the
grade of GYSGT, vice being discharged on 26 September 1990.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
It is certified that a quorum was present at the Board's
4.
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
M
ALAN E. GOLDSMITH
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
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
2
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
.
Executive Dir
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