DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 1778-01
27 April 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD 0
Ref: (a) Title 10 U.S.C. 1552
End: (1) DD Form 149 w/attachments
1. Pursuant to the provisions of reference (a), Petitioner, a former
enlisted member of the United States Marine Corps Reserve filed enclosure
(1) with this Board requesting that his record be corrected, in effect, to
show that he reenlisted on 2 March 1994 and continued to serve until he
attained 30 years of service. He is also requesting a correction to his
record to show that he transferred to the Retired Reserve vice being
discharged.
2. The Board, consisting of Mr. Zsalman, Mr. Dunn and Ms. Hare, reviewed
Petitioner’s allegations of error and injustice on 24 April 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. Although it appears that Petitioner’s application was not filed
in a timely manner, it is in the interest of justice to waive the statute
of limitations and review the application on its merits.
c. The Board has obtained a Reserve Retirement Master Control Card
from Headquarters Marine Corps which shows that Petitioner completed 20
years of qualifying service for reserve retirement on 8 January 1991. It
also shows that he quit drilling at that time and he earned no further
qualifying years until he was honorably discharged on 2 March 1994 in the
grade of
MSGT (E-8).
d. Attached to enclosure (1) is a letter from HQMC, dated
18 January 2001, which informs Petitioner that he is eligible for retired
pay at age 60 as a former member. The letter advises him to apply to this
Board to have his status changed to show reserve retirement vice discharge.
e. Petitioner states that he was granted a three month extension in
late 1993 or 1994 so that he could reenlist in the USMCR. It appears that
he is requesting that he be granted additional sörvice so that he can
complete a 30 year career. However, he has not submitted any documentation
to show entitlement to additional service and there is apparently no such
documentation in his service record.
f. 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 partial favorable action.
Concerning his request for further service, the Board notes that there is
no documentation to support any such action. In addition, the Board
believes that it is unlikely that a reenlistment would have been approved
because he had not drilled for three years prior to the expiration of his
enlistment and he was either at or approaching the length of service
limitations for a MSGT. The Board concludes that his request for further
service should be denied.
However, the Board notes that Petitioner was in good standing in the Marine
Corps Reserve and would have been retired if he had requested it.
Therefore, the Board concludes that the record should be corrected to show
that he transferred to the Retired Reserve in the grade of MSGT vice being
discharged on 2 March 1994. Given the requirements of the Uniform
Retirement Date Act the Board further concludes that the retirement should
be effective on 1 March 1994.
Finally, the Board 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:
a. That Petitioner’s naval record be corrected to show that he transferred
to the Retired Reserve in the grade of MSGT effective 1 March 1994 vice
being discharged on 2 March 1994.
b. That no further relief be granted.
2
c. 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 E.
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.
3
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