DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC. 20370-5100 TRG
Docket No: 3181-01
14 June 2001
From: Chairman, Board for Correction of Naval Records
Fos Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 2jqiiiSii00issinainnesibaaa
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
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 8 January 1984.
2. The Board, consisting of Mr. Shy, Mr. Morgan and Mr. Mazza,
reviewed Petitioner's allegations of error and injustice on 30
May 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. Petitioner was honorably discharged from the Regular
Marine Corps on 28 November 1974. At that time, he had completed
16 years, 2 months and 29 days of active service. He reenlisted
in the Marine Corps Reserve the next day and served in the Marine
Corps Reserve until 8 January 1984. During this period of
service he earned over seven qualifying years for reserve
retirement and was promoted to MSGT (E-8). His reserve service
included a period of extended active duty totaling about 15
months. As indicated, he was honorably discharged on 8 January
1984. Petitioner became 60 years old on 19 July 2000.
d. After his discharge from the Regular Marine Corps on 28
November 1974 and during the remainder of his anniversary year,
which ended on 1 July 1975, he earned 32 drill points and has
been credited with nine membership points. The examiner has been
informed that this seven month period of service in the USMCR can
be used in determining whether or not the last eight years of
qualifying service are in the reserve component. The record also
shows that in the next eight years after 1 July 1975, he earned
seven qualifying years for reserve retirement. In addition he
has been credited with 6 months and 6 days of qualifying service
for the partial anniversary years from 2 July 1983 until his
discharge on 8 January 1984. The total qualifying service for
reserve retirement is 23 years, 9 months and six days.
e. The Board did not request an advisory opinion in this
case. 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 that individual was discharged and
not retired.
ff. 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 favorable
action. The Board notes that if the entire period from 29
November 1974 until 8 January 1984 is considered, Petitioner's
last eight years of qualifying service are in the reserve
component, and he is eligible for reserve retirement. Since
Petitioner was in good standing in the Marine Corps Reserve and
would have been retired if he had requested it, the Board
concludes that the record should be corrected to show that he
transferred to the Retired Reserve in the grade of MSGT.
Since he may have drilled in January 1984 and given the
requirements of the Uniform Retirement Date Act, the Board
concludes that his enlistment should be extended for the minimum
period of one month and he should be transferred to the Retired
Reserve on 1 February 1984 vice being discharged on 8 January
1984. Since Petitioner is now 60 years old, the record should be
corrected to show that he transferred to the Retired List on 19
July 2000, his 60th birthday.
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's status on the Retired
List.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he extended his enlistment for a period of one month and
transferred to the Retired Reserve on 1 February 1984 in the
grade of MSGT vice being discharged on 8 January 1984.
b. That Petitioner's naval record be further corrected to show
that he transferred to the Retired List on 19 July 2000 his 60th
birthday.
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. Des /
LEEKS
L Cs
ROBERT D. ZSALMAN ALAN E. GOLDSMITH
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.
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