DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0 TRG
Docket No: 2490-01
31 July 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Marine Corps Reserve
filed enclosure (1) with this Board requesting that his record be
corrected to show that he was transferred to the Retired Reserve
vice being discharged on 31 December 1991.
The Board, consisting of Mr. Adams, Mr. Chapman and Ms. Hare,
2.
reviewed Petitioner's allegations of error and injustice on 24
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
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
Petitioner reenlisted in the Marine Corps on 13 April
yn the grade of SSGT (E-6).
1988
incomplete he apparently extended that enlistment on several
occasions.
in support of Operation Desert Shield/Storm.
Asia, he hurt his back and was evacuated back to the United
States.
On 19 November 1991 the Physical Evaluation Board found
The record shows that he was recalled to active duty
Although the record is
While in Southwest
him unfit for duty and directed his discharge with severance pay.
On 18 December 1991 he was issued a Notification of Eligibility
He was honorably discharged by reason
for Retired Pay at Age 60.
of physical disability with severance pay on 31 December 1991.
d.
Petitioner states in his application that he
was'
erroneously informed that he had to take severance pay rather
than retirement.
his eligibility for
He now desires retirement which will establish
"Gray Area" benefits.
e .
The Board is aware that although Petitioner has been
discharged he will be eligible for retired pay as a former member
when he reaches age 60.
opinion in this case.
Headquarters Marine Corps has routinely recommended corrective
action in other cases when an individual is eligible for reserve
retirement and was discharged and not retired.
The Board did not request an advisory
However, the Board is aware that
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 rather than accepting discharge with severance pay.
Since he is eligible for retired pay as a former member at age
60, the Board believes that no useful purpose is served by the
The Board is aware that his severance pay will be
discharge.
recouped when he starts receiving his retired pay at age 60.
Therefore, the Board concludes that Petitioner's record should be
corrected to show that he transferred to the Retired Reserve in
the grade of SSGT (E-6) on 31 December 1991 vice being discharged
on that date.
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 he
a.
transferred to the retired review on 31 December 1991 in the
grade of SSGT vice being discharged on that date.
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
2
complete record of the Board's proceedings in the above entitled
matter.
By&
ALAN E.
Acting Recorder
ROBERT D. ZSALMAN
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
3
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