DEPARTMENT OF THE NAVY
,BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4255-01
25 July 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
R.EVIEW._OF
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 9 May 1998.
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
C .
Petitioner reenlisted in the Marine Corps Reserve on 10
On 1 January 1993 he was promoted to
The anniversary year ending 2 January 1994 is not
November 1990 and subsequently extended that enlistment on
several occasions.
(E-8).
qualifying for reserve retirement.
consecutive qualifying years and transferred to the Individual
Ready Reserve on 8 December 1995.
credited with 20 years of qualifying service and, shortly
thereafter, was issued a Notification of Eligibility for Retired
On 2 January 1996 he was
He then earned two
1stSGT
Pay at Age 60.
Reserve but earned no further qualifying years.
discharged at the expiration of his enlistment on 9 May 1998.
On 10 May 1996 he reenlisted in the Marine Corps
He was honorably
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 qualified for reserve retirement and there is no
explanation in the record why they were discharged and not
retired.
e.
The Board is aware that the Uniform Retirement Date Act,
5 U.S.C. 8301 requires that the effective day of any retirement
be the first day of the month.
CONCLUSION:
The Board noted 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.
Therefore, the Board concludes that the record
should be corrected to show that he transferred to the Retired
Reserve in the grade of
Uniform Retirement Date Act,
transfer to the Retired Reserve should be effective on 1 May
1998.
Given the requirements of the
the Board further concludes that the
1stSGT.
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 as a Retired Reserve.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
that he transferred to the Retired Reserve effective 1 May 1998
in the grade of
1stSGT vice being discharged on 9 May 1998.
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.
fi& ALAN
/7
ROBERT D. ZSALMAN
Recorder
E. GOLDSMITH
Acting Recorder
2
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
W&XL
F*r W. DEAN PFEIFFER
Executive Director
3
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