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NAVY | BCNR | CY2001 | 01347-01
Original file (01347-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N  O F  NAVAL  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  DC  2 0 3 7 0 - 5 1 0 0   TRG 

Docket No: 1347-01 
7 June 2001 

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

Secretary of the Navy 

Subj :  REVIEW OF NAVAL RECORD OF 

Ref: 

(a) Title 10 U.S.C. 1552 

Encl:  (1) Case Summary 

(2) Subject Is 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 5 January 2001. 

2.  The Board, consisting of Mr. Shy, Mr. Morgan and Mr. Mazza, 
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: 

1  I 

a.  Before applying to this Board, Petitioner exhausted all 

a d m i  nistrative r e m a d j  cls  avail > b y e   u n d c r   existing law  and 
regulations within the Department of the Navy. 

b.  Petitioner's application was filed in a timely manner. 

c.  Petitioner reenlisted in the Marine Corps Reserve on 5 

October 1997 for two years and subsequently extended that 
enlistment for 15 months to accept promotion to MGYSGT  (E-9) .  On 
3 February 1998,,Petitioner was notified of his eligibility for 
retired pay at age 60.  He was honorably discharged on 4 January 
2001 at the expiration of his enlistment as extended. 

d.  Petitioner has submitted documentation showing that on 1 

August 2000, he informed his career planner that he wanted to 
retire in 2001.  However, no action was taken and his enlistment 
expi red. 

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 error 
occurred which prevented retirement. 

d.  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 his 
request had been properly processed.  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 January 2001 vice being discharged on 4 
January 2001. 

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. 

RE COMMENDAT I ON : 

a.  That Petitioner's naval record be corrected to show that 
on 1 January 2001 he transferred to the Retired Reserve in the 
grade of MGYSGT vice being discharged on 4 January 2001. 

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 

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  o f   reference  ( a ) ,  has  been  approved  by  the  Board  on 
behalf  of  the  Secretary  o f   the  Navy. 

Executive  hp&T 



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