DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5646-01
24 October 2001
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
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the 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 5 October 1999.
The Board, consisting of Mr. Adams, Mr. Pfeiffer and Mr.
2.
Morgan, reviewed Petitioner's allegations of error and injustice
on 10 October 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
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.
Petitioner's application to the Board was filed in a
timely manner.
b.
C .
On 5 February 1992 Petitioner was issued a Notification
At that time he was
of Eligibility for Retired Pay at Age 60.
serving in the grade of MSGT (E-8).
Corps Reserve on 25 April 1996 for two years.
discharge entries in the record, however, the Career Retirement
Credit Report (CRCR) shows that he was discharged on 24 April
1998 at the expiration of his enlistment.
He reenlisted in the Marine
There are no
d.
Attached to enclosure (1) is a letter from Headquarters
Marine Corps that informed Petitioner that although he had been
discharged on 5 October 1999, he was still eligible for retired
pay at age 60.
He was informed that if he wanted to be retired
and not discharged, he needed to submit an application to this
Board.
The Board did not request a further advisory opinion in
this case.
Corps 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.
However, the Board is aware that Headquarters Marine
As indicated, the CRCR shows that Petitioner was
dischzrged on 24 April 1998.
Petitioner state that he was discharged on 5 October 1999.
discrepancy in dates cannot be resolved based on documentation
available to the Board.
However, the HQMC letter and
This
f.
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
The Board notes that Petitioner was in good standing in
Therefore, the Board concludes that he should be
of MSGT.
The Board notes that Petitioner may have drilled in April 1998,
and a correction to the record showing that he retired on 1 April
1998 could cause him to become indebted for his drill pay he
earned later in that month.
the Uniform Retirement Date Act, the reenlistment of 25 April
1996 should be extended for one month and the retirement should
then be effective on 1 May 1998,
1998 now of record.
discharged on 5 October 1999,
drilling status at that time and retirement on 1 October 1999
would be appropriate.
However, if Petitioner was in fact
it appears that he was not in a
vice the discharge of 24 April
Therefore, given the requirements of
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 he
a.
extended his reenlistment of 25 April 1996 for a period of one
month and that he then transferred to the Retired Reserve on 1
May 1998 in the grade of MSGT.
to show additional service after 25 April 1998, he should be
However, if documentation exists
2
transferred to the Retired Reserve on the first day of the month
in which his enlistment expired vice being discharged on 24 April
1998 or any other date.
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
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))
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.
%Y.h
c&W. DEAN PFEIFFER
Executive Director
3
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