DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 5208-00
6 August 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) 10 U.S.C.1552
(b) MARCORPSEPMAN
(c) SECNAVINST
1820.2A
(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 Navy, applied to this Board
requesting that his record be corrected to show that he
transferred to the Retired Reserve in pay grade E-7.
The Board, consisting of Messrs. Lightle, Whitener, and
2.
Harrison reviewed Petitioner's allegations of error and
injustice on 1 August 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
3.
pertaining 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 to the Board was filed in a
timely manner.
Petitioner enlisted in the Navy on 3 February 1958 and
was honorably released from active duty on 17 January 1962. He
C .
He was promoted to MMC (E-7) on 16 August 1972, was
enlisted in the Naval Reserve in a drilling status on 3 June
1967.
subsequently recommended for promotion to MMCS (E-8), and was
authorized to wear the Naval Reserve Meritorious Service Medal.
On 28 March 1978 he was granted a conditional release for an
inter-service transfer to the Marine Corps Reserve, and was
honorably discharged from the Naval Reserve on 31
March.1978.
d.
Petitioner enlisted in the Marine Corps Reserve on
1 April 1978 as a SSGT (E-6) and continued to serve in a
drilling status until 20 May 1983,
the Retired Reserve.
approved his request and he was transferred to the Retired
Reserve, effective 1 August 1983 as a SSGT (E-6).
years, three months, and 19 days of qualifying service.
The Commandant of the Marine Corps
when he requested transfer to
He had 20
e.
Petitioner became 60 years old on 5 January 2000 and
He is now being
applied for retired pay on 5 February 2000.
paid retired pay in the grade of E.6.
f.
At enclosure (1) an advisory opinion from the Staff
"the highest grade held satisfactorily
Judge Advocate, Research and Civil Law Branch (JAR), HQMC,
states that 10 U.S.C. 1406(b)(2) provides that the retired pay
base is to be computed on
by the person at any time in the armed forces."
is further supported by paragraph 3012 of reference (b) and
reference (c), both of which state that a person transferred to
the Retired Reserve shall be retired in the highest grade
satisfactorily held.
The advisory opinion recommends retirement
in pay grade E-7 if a determination is made that he satisfactor-
ily held the rank of E-7 in the Naval Reserve.
opinion from the Enlisted Promotion Branch, HQMC concurred with
the JAR opinion that Petitioner should have been retired at the
highest grade held.
This language
An advisory
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that Petitioner had no disciplinary
actions during his Naval Reserve service and satisfactorily
served as an MMC (E-7) for more than five years prior to his
enlistment in the Marine Corps Reserve.
the advisory opinions that Petitioner should have been trans-
ferred to the Retired Reserve in pay grade E-7.
The Board concurs with
It cannot be
2
determined why a grade determination was not made prior to
Accordingly, the
Petitioner's transfer to the Retired Reserve.
Board concludes that it would be appropriate and just to correct
the record to show that on 31 July 1983 Petitioner was promoted
to GYSGT (E-7) and transferred to the Retired Reserve in that
grade, effective 1 August 1983.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that on 31 July 1983 he was promoted to GYSGT (E-7) and
transferred to the Retired Reserve in that grade, effective
1 August 1983.
b.
That a copy of the Report of Proceedings be filed in
Petitioner's 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
Pursuant to the delegation of authority set out in Section 6
5.
(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),
Board on behalf of the Secretary of the Navy.
has been approved by the
3
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