DEPARTMENT OF THE NAVY
BOARD FOR
CORRECTIdt-4 OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 4938-01
12 July 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
VIEW OF NAVAL RECORD 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 21 January 1999.
The Board, consisting of Mr. Brezna, Mr. Dunn and Mr.
2.
reviewed Petitioner's allegations of error and injustice on 10
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
Mackey,
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
the Marine Corps Reserve on 22
He was promoted to GYSGT (E-7)
April 1991 for six years and subsequently extended that
enlistment on several occasions.
on 1 January 1995 and subsequently earned two full qualifying
years for reserve retirement and another partial year.
October 1997 he was issued a Notification of Eligibility for
Retired Pay at Age 60.
Individual Ready Reserve (IRR).
extension became effective for the purpose of submitting a
The next entry in the record shows that he
retirement request.
was honorably discharged on 21 January 1999 at the expiration of
his enlistment as extended.
About this time, he transferred to the
On 22 October 1998 a three month
On 17
d.
On 17 May 2001 Headquarters Marine Corps sent Petitioner
a letter advising him to apply to this Board for a correction of
the record to show that he transferred to the Retired Reserve
vice being discharged.
4
The Board is aware that the Uniform Retirement Date Act,
U.SeC. 8301 requires that the effective date of any retirement
5
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, or if his request had been processed in a timely
manner.
transferred to the Retired Reserve in the grade of GYSGT vice
being discharged on 21 January 1999.
the Uniform Retirement Date Act,
the transfer to the Retired Reserve should be effective on 1
January 1999.
Therefore, the Board concludes that he should be
Given the requirements of
the Board further concludes that
The Board also 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.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that he
a.
transferred to the Retired Reserve in the grade of GYSGT on 1
January 1999 vice being discharged on 21 January 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
5.
Pursuant to the delegation of
6(e) of the revised Procedures of
Naval Records (32 Code of Federal
authority set out in Section
the Board for Correction of
Regulations, Section 723.6(e))
2
and having assured compliance with its
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.
provtsions, it is hereby
a-
?
Executive Di
3
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