DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TRG
Docket No: 5224-01
3 October 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
.
.-
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 July 1996.
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.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
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
Petitioner reenlisted in the Marine Corps Reserve on 5
Aprilc;994 for two years in the grade of GYSGT (E-7). He
subsequently extended that enlistment for three months. A
Reserve Retirement Credit Record filed in his field record shows
that he completed 20 years of qualifying service for reserve
retirement at the end of his anniversary year on 4 December 1995.
He was honorably discharged on 4 July 1996 at the expiration of
his enlistment, as extended.
d.
On 20 June 2001, Headquarters Marine Corps
(HQMC)
informed Petitioner that if he desired to change his status from
The Board
discharged to retired,
did not request a further advisory opinion in this case.
However, the Board is aware that 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.
he must petition this Board.
e.
The Board is 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:
.-
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.
transferred to the Retired Reserve in the grade of GYSGT.
The Board notes that Petitioner was in good standing in
Therefore, the Board concludes that he should be
Given
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 July 1996 vice the discharge
of 4 July 1996 now of record.
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 effective 1 July 1996 in
the grade of GYSGT, vice being discharged on 4 July 1996.
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.
Recorder
ALAN E. GOLDSMITH
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))
2
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.
Executive
.
3
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