DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4448-01
21 June 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RD 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 6 January 2000.
The Board, consisting of Ms. Newman, Ms. Humberd and Mr.
2.
Bartlett, reviewed Petitioner's allegations of error and
injustice on 19 June 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
Documentary material
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.
Petitioner's application was filed in a timely manner.
Petitioner reenlisted in the Marine Corps Reserve on 7
On 1 January 1998 he was promoted to MSGT (E-8)
SepteZer 1997.
and he subsequently extended that enlistment for four months.
The Career Retirement Credit Report (CRCR) shows that at the end
of the anniversary year on 10 October 1998 he was credited with a
qualifying year for reserve retirement, but he earned no further
qualifying years.
Notification of
honorably discharged on 6 January 2000 at the expiration of his
enlistment, as extended.
On 13 September 1999 he was issued a
E,ligibility for Retired Pay at Age 60.
He was
case.
d.
The Board did not request an advisory opinion in this
However, the Board is aware that Headquarters Marine Corps
has routinely recommended
an individual is eligible
explanation in the record
not retired.
corrective action in similar cases when
for reserve retirement and there is no
why an individual was discharged and
e.
The Board is aware that an individual must earn two
qualifying years after being promoted to retire in the higher
grade.
one partial qualifying year after he was promoted.
As indicated, the CRCR shows that Petitioner only earned
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
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.
should be corrected to show that he transferred to the Retired
Reserve.
Act, he should be retired effective 1 January 2000 vice being
discharged on 6 January 2000.
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 GYSGT (E-7).
earned two qualifying years,
correct the CRCR and retire him as a MSGT.
establish additional qualifying years but believes that an error
or injustice has occurred, he can submit an application to the
Board on the issue of his grade on retirement.
If he has evidence that he actually
than Headquarters Marine Corps can
Therefore, the Board
If he cannot
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
Ee transferred to the Retired Reserve on 1 January 2000 in the
grade of GYSGT vice being discharged on 6 January 2000.
,
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
2
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
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