DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.5100
TRG
Docket No:
3 October 2001
4298-01
Chairman, Board for Correction of Naval Records
Secretary of the Navy
FlD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) 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 an application with this Board requesting that his record
be corrected to show that he transferred to the Retired Reserve
vice being discharged on 4 August 1999.
The Board, consisting of Mr. Pfeiffer, Mr. Whitener and Mr.
2.
Beckett, reviewed Petitioner's allegations of error and injustice
on 2 October 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.
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
regulations within the Department
under existing law and
of the Navy.
b.
Petitioner's application
was filed in a timely manner.
C .
Petitioner reenlisted in
August 1995 for four years in the
subsequently performed several extended periods of active duty
for special work
The fitness report for the period 15
May to 23 September 1998 states, in part, as follows:
the Marine Corps Reserve on 5
grade of GYSGT (E-7). He
(ADSW).
Convicted by Special Court-martial of (UCMJ) Articles
(89) Disrespect towards a superior commissioned
officer,
(Sexual Harassment), (112) Drunk on duty, (134) Wearing
unauthorized insignia, decoration, badge, ribbon,
device or lapel button. . . . .
(92) Failure to obey order or regulations
There is no other documentation concerning the court-martial
However, the sentence of the court must have
in the record.
included a reduction in grade to SSGT (E-6) since subsequent
correspondence is addressed to him in that grade and he
states that he is a SSGT.
year, on 5 November 1998, he was credited with 20 years of
qualifying service for reserve retirement.
was issued a Notification of Eligibility for Retired Pay at
Age 60.
The record shows that he was honorably discharged
on 4 August 1999 at the expiration of his enlistment.
At the end of his anniversary
Subsequently, he
d.
The Board did not request an advisory opinion in this
However, the Board is aware that Headquarters Marine Corps
case.
(HQMC) has routinely recommended corrective action in similar
cases when and 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 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
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.
to the Retired Reserve.
Retirement Date Act, the retirement should be effective on 1
August 1999 vice the discharge of 4 August 1999 now of record.
The Board concludes that he should be transferred
Given the requirements of the Uniform
Concerning the issue of Petitioner's grade on retirement, the
Board notes that was apparently reduced in grade to SSGT as the
result of a court-martial sentence.
concludes that he should be transferred to the Retired Reserve in
the grade of SSGT (E-6).
circumstances of the charges which led to the court-martial are
unknown and the remainder of the court-martial sentence cannot be
verified with the available record.
Therefore, if Petitioner
believes that the court-martial sentence was too severe or that
his overall record as a GYSGT was sufficient to warrant
retirement in that grade despite the court-martial conviction, he
can submit an application to the Board on that issue.
The Board notes that the facts an
Therefore, the Board
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:
.
That Petitioner's naval record be corrected to show that
te transferred to the Retired Reserve effective 1 August 1999 in
the grade of SSGT, vice being discharged on 4 August 1999.
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
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
Executive
3
NAVY | BCNR | CY2001 | 04938-01
1552 (1) Case Summary (2) 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 an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 21 January 1999. About this time, he transferred to the On 22 October 1998 a three month On 17 d. On 17 May 2001 Headquarters Marine Corps...
NAVY | BCNR | CY2001 | 02862-00
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 14 August 1998. has routinely recommended favorable action in similar cases when an individual is eligible for...
NAVY | BCNR | CY2001 | 06245-00
Pursuant to the provisions of reference (a), Petitioner, a retired enlisted member of the Marine Corps, filed enclosure with this Board requesting, in effect, that his naval record be corrected by removing the nonjudicial punishment (NJP) awarded him on 6 May 1998 and the competency review board proceedings that reduced him in rank. CONCLUSION: The Board concurs with the advisory opinion that the NJP In this regard, there is Upon review and consideration of all the evidence of record,...
NAVY | BCNR | CY2001 | 04448-01
1552 (1) Case Summary (2) 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 an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 6 January 2000. If he has evidence that he actually than Headquarters Marine Corps can Therefore, the Board If he cannot The Board further...
NAVY | BCNR | CY2001 | 07405-01
1552 (1) Case Summary (2) 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 an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 13 November 1998. Pfeiffer, reviewed Petitioner's allegations of error and injustice on 6 November 2001 and, pursuant to its...
NAVY | BCNR | CY2001 | 06911-01
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the 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 9 October 1996. e. The Board is aware that an individual must earn two qualifying years after being promoted to retire in the higher grade. If he has...
NAVY | BCNR | CY2001 | 07143-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNE X WASHINGTON DC 20370-5100 TRG Docket No: 11 October Chairman, Board for Correction of Naval Records Secretary of the Navy 7143-01 2001 REVIEW OF NAVAL RECORD OF d. The Board did not request an advisory opinion in this However, the Board is aware that Headquarters Marine Corps case. the requirements of the Uniform Retirement Date Act, the retirement should be effective on 1 May 2000 vice the discharge of 14 May 2001...
NAVY | BCNR | CY2002 | 04602-02
In the next d. On 8 November 2001, the Board directed that Petitioner's record be corrected to show that he transferred to the Retired Reserve on 1 October 1996 vice being discharged on 9 October 1996. Sufficient retirement points, from He should then be The Board further concludes that this Report of Proceedings should be filed in Petitioner's naval record so that all future reviewers will understand he retired in the grade of GYSGT. RECOMMENDATION: That Petitioner's naval record be...
NAVY | BCNR | CY1999 | 02265-99
In view of the requirements of the Uniform Retirement Date Act, the Board further concludes that the transfer to the Retired Reserve should be effective on 1 February 1993. 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 correct status in the Retired Reserve. That Petitioner's naval record be corrected to show that he transferred to the Retired Reserve in the grade of GYSGT on...
NAVY | BCNR | CY2003 | 00422-03
The Board, consisting of Mr. Cooper, Mr. Pfeiffer and Mr. Leeman, reviewed Petitioner’s allegations of error and injustice on 25 March 2003 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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...