DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 20370-510

0

TRG
Docket No:
18 July 2001

1523-01

From:
To:

Subj:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

RECORD  OF

Ref:

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

Encl:

(1) DD Form 149 w/attachments

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 4 October 1990.

The Board, consisting of Mr. Brezna, Mr. Dunn and Mr.  

2.
reviewed Petitioner's allegations of error and injustice on 10
July 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

Mackey,

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

.

The Board has been provided with an internal memorandum

Headquarters  Marine Corps (HQMC) which states that

from 
Petitioner's record cannot be located.
However, the Board has
also been provided with a Reserve Retirement Master Control Card
which shows that Petitioner has been credited with 19 years, 10
months and 21 days of service for reserve retirement.
has been informed that the control card was prepared based on
documentation submitted by the Petitioner.

The Board

d.

He then

The control card shows that Petitioner enlisted in the

Marine Corps on 29 May 1959 and served on active duty until 19
April 1963, a period of 3 years, 10 months and 21 days.
served in the Reserve Component until the end of his military
obligation without earning any qualifying years.
honorably discharged on 28 May 1965

He was

e.

Petitioner enlisted in the Marine Corps Reserve on 21

May 1974 and then earned 16 consecutive qualifying years for
The control card shows that at the end of
reserve retirement.
his anniversary year on 20 September 1990, he was credited with
& 21 days of service for reserve retirement
19 years, 10 months 
and he was discharged on 4 October 1990.
to be GYSGT (E-7) and his date of birth was entered as 22 March
1940.

His grade was indicated

f.

The Board is aware that regulations in effect at the

time of Petitioner's initial enlistment requires that an
anniversary date be established upon initial entry into the
Consequently, he was only credited with the
reserve component.
actual time served of 10 months and 21 days in 1963 his last year
on active duty.
would have been credited with a full year for reserve retirement
on 28 May 1963.

If the anniversary date had not changed, he

g-

The Board did not request an advisory opinion in this

However, the Board is aware that HQMC has routinely

case.
recommended favorable action in cases where an individual is
qualified for reserve retirement and there is no explanation in
the 'record why they were discharged and not retirement.

The Board is also aware that the Uniform Retirement Date

h.
Act, 5 
retirement be the first day of the month.

U_S_C 8301 requires that the effective date of any

CONCLUSION:

Given Petitioner's 16 consecutive years of qualifying

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
service in the reserve component, the Board believes that it was
Petitioner's intent to qualify for reserve retirement and that he
would not have stopped drilling and would have extended his
enlistment if he had realized that he was 1 month and 19 days
short of qualifying for retirement.
concludes that the record should be corrected to show that he has
20 years of qualifying service for reserve retirement.
further concludes that the best way to accomplish this action is
to transfer 35 retirement points from the excess over 50 in

Therefore, the Board

The Board

2

subsequent anniversary years into the anniversary year ending 19
April 1965.
already credited will make this year qualifying for reserve
retirement, and Petitioner will have over 20 qualifying years.

These points, when added to the 15 membership points

Since Petitioner was in good standing in the Marine Corps Reserve
and would have been retired if he had 20 qualifying years and had
requested it, the Board further concludes that he should be
transferred to the Retired Reserve in the grade of GYSGT.
the requirements of the Uniform Retirement Date Act the
Since
retirement should be effective on 1 October 1990.
Petitioner is now 60 years old,
Retired List on his 60th birthday.
22 March 2000, but the actual date should be used.

he should be transferred to the
This date is believed to 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 on the Retired List.

RECOMMENDATION:

That Petitioner's naval record be corrected by moving

a.
sufficient retirement points from the excess over 50 in
subsequent anniversary years to make the anniversary year ending
19 April 1965 qualifying for reserve retirement.

That Petitioner's naval record be further corrected to show
b.
that he transferred to the Retired Reserve on 1 October 1990 in
the grade of GYSGT vice being discharged on 4 October 1990.
record should be then corrected to show that he transferred to
the Retired List on his 60th birthday.

The

That this Report of Proceedings be filed in Petitioner's

C.
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.

/g/g&y

ROBERT D. ZSALMAN
Recorder

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  
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the

723.6(e))

3

authority of reference (a),
behalf of the Secretary of the Navy.

has been approved by the Board on

4