DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No
10 August 2001
: 5829-01
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
SubJ:
Ref:
Encl:
REVIEh OF NAVAL RECORD OF
rc
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) 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 enclosure (1) with this Board requesting that his record be
corrected to show that he transferred to the Retired Reserve vice
being discharged on 9 August 2000.
.
The Board, consisting of Mr. Taylor, Mr. Pfeiffer and Mr.
2.
Beckett, reviewed Petitioner's allegations of error and injustice
on 7 August 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.
Enclosure (1) was filed in a timely manner.
C .
Petitioner was promoted to
1STSGT (E-8) on 1 January
On 13 August 1997 he was issued a Notification of
1997.
Eligibility for Retired Pay at Age 60.
discharged on 9 August 2000 at the expiration of his enlistment.
He was honorably
~
d.
On 4 May 1991 Headquarters Marine Corps informed
Petitioner that he had not been retired but was eligible for
retired pay as a former member.
apply to the Board if he desired retired status.
He was informed that he should
The Board is aware that the Uniform Retirement Date Act,
5 U.S.C. 8301 requires that the effective date of any retirement
e.
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
Therefore, the Board concludes that the record
requested it.
should be corrected to show that he transferred to the Retired
Reserve in the grade of
2000.
the retirement should be effective on 1 August 2000.
1STSGT vice being discharged on 9 August
Given the requirements of the Uniform Retirement Date Act,
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:
a.
That Petitioner's naval record be corrected to show that
he transferred to the Retired Reserve on 1 August 2000 in the
grade of
1STSGT vice being discharged on 9 August 2000.
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.
Acting Recorder
GOLDSMITr
f
5.
Pursuant to the delegation of authority set out in Section
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.
t=dL
w.
Executive Director
MEIFFER
DEAN
2
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