DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
‘2 NAVY ANNE
X
RECORD
S
WASHINGTON DC 20370-5100
TRG
Docket No: 1596-01
11 October 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the 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 6 June 1996.
The Board, consisting of Mr. Adams, Mr. Pfeiffer and Mr.
2.
Morgan, reviewed Petitioner's allegations of error and injustice
on 10 October 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
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
C .
Petitioner was promoted to MGYSGT (E-9) on 1 January
The Career Retirement Credit Report
1993.
(CRCR) shows that he
then earned over two qualifying years after that date, and had 27
years of qualifying service for retirement when he was honorably
discharged on 6 June 1996.
case.
d.
The Board did not request an advisory opinion in this
However, the Board is aware that Headquarters Marine Corps
has routinely recommended corrective action in similar cases when
an individual is qualified for reserve retirement and there is no
explanation in the record why he was discharged and not retired.
The Board
is aware that the Uniform Retirement Date Act,
requires that the effective date of any retirement
U.S'C. 8301
5
be the first day of the month.
CONCLUSION:
The Board notes that Petitioner was in good standing in
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
the Marine Corps Reserve and would have been retired if he had
requested it.
transferred to the Retired Reserve in the grade of MGYSGT.
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 June 1996 vice the discharge
of 6 June 1996
Therefore, the Board concludes that he should be
now of record.
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 in the Retired Reserve.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
he transferred to the Retired Reserve on 1 June 1996 in the grade
of MGYSGT, vice being discharged on 6 June 1996.
That this Report of Proceedings be filed in Petitioner's
b.
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.
ROBERT D. ZSALMAN
Recorder
Acting Recorder
Pursuant to the delegation of authority set out in Section
Procedures of the Board for Correction of
5.
6(e) of the revised
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
2
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
Executive
3
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