DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1414-01
21 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy ,
Subj: EX-CYS@iiannes, USM CRRA,
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 13 Feb 01 w/attachment
(2) HQMC MMSR-6J memo dtd 30 May 01 w/encl
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by showing that he was not discharged from the Marine Corps Reserve on
12 October 2000, but was transferred to the Reserve Retired List on 1 October 2000.
2. The Board, consisting of Messrs. Pfeiffer and Silberman and Ms. Madison, reviewed
Petitioner’s allegations of error and injustice on 20 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. In correspondence attached as enclosure (2), the Headquarters Marine Corps office
having cognizance over the subject matter addressed in Petitioner’s application has
commented to the effect that his request has merit and warrants favorable action.
CONCLUSION: :
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure (2), the Board finds the existence of an injustice warranting the
following corrective action.
/4/4-0)
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by showing that he was not discharged
from the Marine Corps Reserve on 12 October 2000, but was transferred to the Reserve
Retired List on 1 October 2000.
b. That any material or entries inconsistent with or relating to the Board’s
recommendation be corrected, removed or completely expunged from Petitioner’s record and
that no such entries or material be added to the record in the future.
: c. That any material directed to be removed from Petitioner’s naval record be returned
to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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 JONATHAN S. RUSKIN
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.
© Reetuat SS Feed
Fe~W. DEAN PFEIFFER
Executive Director
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
1760
MMSR -6J
30 May 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj : BCNR APPLICATION IN THE CASE OF FORMER GUNNERY SERGEANT
Ref; (a) MMER Route Sheet of 1May01, Docket No. 1414-01
Encl: (1) MMSR-5 Comment 1800 MMSR-5 of 23May01
1. The reference requests an advisory opinion oxgggiiaipiaigie ‘
petition to correct his records to show that he was not
discharged from the Marine Corps Reserve on 12 October 2000.
2. iM was discharged at the expiration of an enlistment
on 12 October 2000. taieigees = = eligible for transfer to the
Reserve Retired List at that time, but may have been unaware that
such a transfer must be requested by prior to the discharge date.
As stated in the enclosure, an administrative error may have
occurred in ew case.
3. We, therefore, recommend that imine petition be granted
favorable consideration and that his record be corrected to show
that he was not discharged from the Marine Corps Reserve and to
further show that he was tranferred to the Reserve Retired List
on 1 October 2000 to begin receive retired pay and benefits on
his sixtieth birthday, 18 January 2017.
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
74 /4-0/
1800
MMSR-5
23 May Ol
MMSR-5 Comment on MMER Route Sheet of 1 May 2001
Subj: REQUEST FOR BCNR ADVISORY OPINION IN THE CASE @ijmnéimigum
quapgumemmmmiitimenG@AN:, 2 0RMER GUNNERY SERGEANT USMCR
Ref: (a) BCNR Memo of 26 Apr 2001
(b) MCO P1900.16E, par 1005
1. We support aii od request for retirement in reference
(a). @MMI «service record documents that he was eligible
to transfer to the Reserve Retired List Awaiting Pay at Age 60
at the time of his separation. He record indicates he was
discharged on 12 October 2000 due to expiration of contract
authorized under the provisions of reference (b
2. Although, there is no indication ine. service
record that he requested retirement, it may have been due to a
misunderstanding that such a request was necessary to become
retired or an administrative oversight or error may have
occurred.
3. We recommend that his record be corrected to show that he
transferred to the Reserve Retired List Awaiting Pay at Age 60
on 1 October 2000, the last day such a transfer could have been
effected before his contract expired.
By direction
/tf/t)-O/
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