DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 880-01
15 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF jijiiiiiiiIiii0asainimimnestes.
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) 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 an application with this Board requesting that his record
be corrected to show that he transferred to the Retired Reserve
vice being discharged on 18 November 1988.
2. The Board, consisting of Ms McCormick, Ms. Wiley, and Mr.
Leeman, reviewed Petitioner's allegations of error and injustice
on 12 June 2001 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 Petitioner's application was
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. On 2 May 1984 Petitioner was issued a Notification of
Eligibility for Retired Pay at Age 60. He reenlisted in the
Marine Corps Reserve on 19 November 1984 for 4 years in the grade
of MGYSGT (E-9). On 16 September 1987 he transferred to the
Individual Ready Reserve and remained there until he was
honorably discharged on 18 November 1988 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 in similar cases when
an individual is eligible for reserve retirement and there is no
explanation in the record why the individual 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 and would have been retired if he had
requested it. The Board concludes that Petitioner's record
should be corrected to show that he transferred to the Retired
Reserve in the grade of MGYSGT. Given the requirements of the
Uniform Retirement Date Act, he should be retired effective 1
November 1988 vice being discharged on 18 November 1988.
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:
a. That Petitioner's naval record be corrected to show that
he transferred to the Retired Reserve on 1 November 1988 in the
grade of MGYSGT vice being discharged on 18 November 1988.
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. -
KLEE
ROBERT D. ZSALMAN ALAN E. GOLDSMITH
Recorder 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 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.
Rott fa
' Executive Director
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