Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 02490-01
Original file (02490-01.pdf) Auto-classification: Approved
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



Similar Decisions

  • NAVY | BCNR | CY2001 | 04298-01

    Original file (04298-01.pdf) Auto-classification: Approved

    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 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 August 1999. The Board notes that the facts an Therefore, the Board The Board further concludes that this Report of Proceedings should be...

  • NAVY | BCNR | CY2010 | 00220-10

    Original file (00220-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps Reserve, filed enclosure (1) with this Board requesting that his record be _ corrected to show that he was transferred to the Marine Corps Retired Reserve vice discharged on 19 December 2009. In addition, the Board considered the advisory opinion furnished by the Marine Corps Separation and Retirement Branch (MMSR-5) dated 8 March 2010, a copy of which is attached with enclosure (1). ...

  • NAVY | BCNR | CY2001 | 06373-00

    Original file (06373-00.pdf) Auto-classification: Approved

    - From: To: Subj: Ref: :Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Naval Reserve filed enclosure (1) with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve in the grade of SSGT (E-6) vice being discharged on 6 July 1981. Since Petitioner became 60 years of age on 15 August 2000, the Therefore, his Since it appears that Petitioner was on active duty at the time of...

  • NAVY | BCNR | CY1999 | 03373-99

    Original file (03373-99.pdf) Auto-classification: Approved

    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 naval record be corrected to show that he transferred to the Retired Reserve vice being discharged on 2 November 1991. The Board, consisting of Mr. Pauling, Ms. Madison and Ms. or, reviewed Petitioner's allegations of error and injustice :O July 1999 and, pursuant to its regulations, determined that corrective...

  • NAVY | BCNR | CY2008 | 06890-08

    Original file (06890-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 19 February 2008. 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. d. That this Report of...

  • NAVY | BCNR | CY2008 | 07254-08

    Original file (07254-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the Retired Reserve and to the Retired List vice being discharged on 2 August 1991. ie.» Aime 203 Mr. SQM eviewed Petitioner's allegations of error and injustice on 3 September 2008 and, pursuant to its regulations, determined that the corrective action indicated...

  • NAVY | BCNR | CY2007 | 10511-07

    Original file (10511-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former commissioned warrant officer in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that the transferred to the Retired Reserve and to the Retired List vice being discharged on 31 July 1987.2. Petitioner became 60 years of age on 24 July 2007 and requested that his reserve retired pay be started. That Petitioner’s record be corrected to show that he...

  • NAVY | BCNR | CY2006 | 08661-06

    Original file (08661-06.rtf) Auto-classification: Approved

    Therefore, the Board concludes that Petitioner should be transferred to the Retired Reserve in the grade of CWO4. 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. That Petitioner’s naval record be corrected to show that he transferred to the Retired Reserve in the grade of CWO4 effective on 1 January 1997, vice the discharge of 31 December 1996 now of record.

  • NAVY | BCNR | CY2008 | 05273-08

    Original file (05273-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 5273-08 2 July 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF ‘iil Ref: (a) Title 10 U.s.c. Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred...

  • NAVY | BCNR | CY1998 | 07190-98

    Original file (07190-98.pdf) Auto-classification: Approved

    The Board, consisting of Mr. Pfeiffer, Mr. Tew and Ms. Moidel, reviewed Petitioner's allegations of error and injustice on 17 August 1999 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The Board further concludes that this Report of Proceedings should be filed in Petitioner's naval record so that all future reviewers will understand Petitioner status in the Retired Reserve. That Petitioner's naval...