DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5204-01
1 August 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD O F
(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 3 January 1997.
The Board, consisting of Mr. Taylor, Mr.
2.
Hardbower, reviewed Petitioner's allegations of error and
injustice on 31 July 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.
Novello and Ms.
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.
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 4
October 1990 for four years and subsequently extended that
enlistment on two occasions totaling 26 months.
1995 he was promoted to MSGT (E-8).
Report (CRCR) shows that he earned no further qualifying years.
On 17 January 1996 he was issued a Notification of Eligibility
for Retired Pay at Age 60.
He was honorably discharged on 3
January 1997 at the expiration of his enlistment as extended.
On 1 January
The Career Retirement Credit
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 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 retire in the higher
grade.
any qualifying years after he was promoted.
As indicated, the CRCR shows that Petitioner did not earn
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 1997 vice being
discharged on 3 January 1997.
Given the requirements of the Uniform Retirement Date
The Board concludes that Petitioner's record
Concerning the issue of Petitioner's grade of 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
then 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
a.
he transferred to the Retired Reserve on 1 January 1997 in the
grade of GYSGT or MSGT as determined by HQMC vice being
discharged on 3 January 1997.
2
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
b?:
$LD&
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.
WW. DEAN PFEIFFER
Executive Director
3
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