DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TRG
Docket No: 4078-01
15 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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 31 March 2000.
2. The Board, consisting of Ms. McCormick, Ms. Wiley and Mr.
Leeman, reviewed Petitioner's allegations of error and injustice
on 12 June 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. Petitioner's application was filed in a timely manner.
c. Petitioner was promoted to MGYSGT (E-9) on 1 January
1997. The Career Retirement Credit Report (CRCR) shows that at
the end of the anniversary year on 2 March 1997 he was credited
with 21 years of qualifying service for reserve retirement. He
reenlisted in the Marine Corps Reserve on 1 April 1997 for three
years, however, the CRCR shows that he earned no further
qualifying years. He was honorably discharged on 31 March 2000
at the expiration of his enlistment:
d. 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 eligible for reserve retirement and there is no
explanation in the record why an individual was discharged and
not retired.
e. The Board is aware that an individual must earn two
qualifying years after being promoted to retired in that grade.
As indicated, the CRCR shows that Petitioner has not earned any
qualifying years after he was promoted.
e. 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:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes that Petitioner was in good standing in
the Marine Corps Reserve and would have been retired if he had
requested it. The Board concludes that Petitioner's record
should be corrected to show that he transferred to the Retired
Reserve. Given the requirements of the Uniform Retirement Date
Act, he should be retired effective 1 April 2000 vice being
discharged on 31 March 2000.
Concerning the issue of Petitioner's grade on retirement, the
Board notes that he has not met the requirement of two qualifying
years after being promoted. Therefore, the Board concludes that
he should be transferred to the Retired Reserve in the grade of
MSGT (E-8). If he has evidence that he actually earned two
qualifying years, then Headquarters Marine Corps can correct the
CRCR and retire him as a MGYSGT. If he can't establish
additional qualifying years and believes that an error or
injustice has occurred he can submit an application to the Board
on the issue of his grade on retirement.
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
he transferred to the Retired Reserve on 1 April 2000 in the
grade of MSGT vice being discharged on 31 March 2000.
b. 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.
LEE /
ROBERT D. ZSALMAN ALAN E.
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.
W. 2 >
Executive Dire r
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