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.
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