DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
26 July 2001
4048-01
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 transferred to the Retired Reserve vice
being discharged on 19 August 1995.
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 Reserve for
On 6 October 1992 he was issued a
threecyears on 20 May 1990.
Notification of Eligibility for Retired Pay at Age 60, and on 1
January 1993 he was promoted to
he extended his enlistment for two years to incur the required
A Career Retirement Credit
obligated service for promotion.
Report (CRCR) in the file shows that at the end of the
anniversary year on 10 May 1993 he was credited with a qualifying
year for reserve retirement.
However, he earned no further
SGTMAJ (E-9).
On 10 January 1993
He subsequently extended his enlistment for
qualifying years.
another three months and was honorably discharged on 19 August
1995 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 corrective action in similar cases when
an individual is eligible for reserve retirement and there is no
explanation in the record why an individual was discharged and
not retired.
.
The Board is aware that an individual must earn two
quali:ying years after being promoted in order to retire in the
higher grade.
earned one partial qualifying year after he was promoted.
As indicated, the CRCR shows that Petitioner only
f.
The Board is also 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:
The Board notes that Petitioner was in good standing in
retired,if he had
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
requested it.
should be corrected to show that he transferred to the Retired
Reserve.
Act, he should be retired effective 1 August 1995 vice being
discharged on 19 August 1995.
Given the requirements of the Uniform Retirement Date
The Board concludes that Petitioner's record
Concerning the issue of Petitioner's grade on retirement, the
Board notes that he has not met the requirement to earn two
qualifying years after being promoted.
concludes that he should be transferred to the Retired Reserve in
the grade of
If he has evidence that he actually
earned two qualifying years,
then Headquarters Marine Corps can
correct the CRCR and retire him as a
establish additional qualifying years but believes that an error
he can submit an application to the
or injustice has occurred,
Board on the issue of his grade on retirement.
Therefore, the Board
1stSGT (E-8).
If he cannot
SGTMAJ.
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:
a.
That Petitioner's naval record be corrected to show that
2
he transferred to the Retired Reserve on 1 August 1995 vice
being discharged on 19 August 1995.
the grade of either
show two years of qualifying service after his promotion on 1
January 1993.
1stSGT or SGTMAJ if his CRCR is corrected to
He should be transferred in
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
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.
Executive Director
3
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