DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 2541-00
8 June 2000
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RD
0%
(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 transferred to the Retired Reserve vice
being discharged on 6 March 1999.
The Board, consisting of Mr.
2.
Exnicios, reviewed Petitioner's allegations of error and
injustice on 7 June 2000 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
Carlson, Mr. Neuschafer and Mr.
Documentary material
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.
Enclosure (1) was filed in a timely manner.
C .
Petitioner reenlisted in the Marine Corps Reserve on 6
Apparently, he extended that
March 1995 for four years.
The record
enlistment for an additional period of one year.
1stSGT (E-8) on 1 December 1997.
shows that he was promoted to
An administrative remarks (page 11) entry dated 6 February 2000
states that he requested retirement effective 1 March 2000. On
18 February 2000 he was issued a Notification of Eligibility for
Retired Pay at Age 60.
He was honorably discharged on 6 March
2000 at the expiration of his enlistment, as extended.
d.
The Board did not request an advisory opinion in this
However, the Board is aware that Headquarters Marine Corps
case.
has routinely recommended favorable action in similar cases when
an individual is eligible for reserve retirement and there is no
explanation in the record why they were discharged and not
retired.
The Board is aware that
requires that the
U.S'C. 8301
5
be the first day of the month.
the Uniform Retirement Date Act,
effective date of any retirement
CONCLUSION:
all the evidence of record the
The Board notes that Petitioner was in good standing in
Upon review and consideration of
Board concludes that Petitioner's request warrants favorable
action.
the Marine Corps Reserve and would have been retired if his
application had been properly processed.
of the case and the requirements of the Uniform Retirement Date
Act, the Board concludes that the record should be corrected to
show that he transferred to the Retired Reserve on 1 March 2000
in the grade of
1stSGT.
Given the circumstances
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 Marine Corps Reserve.
RECOMMENDATION:
.
That Petitioner's naval record be corrected to show that
Ee transferred to the Retired Reserve on 1 March 2000 in the
grade of
1stSgt vice being discharged on 6 March 2000.
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
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 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
3
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