DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
TRG
Docket No:
4 October 2001
6289-01
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Ref:
Encl:
(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 21 January 1995.
The Board,
consisting of Mr. Pfeiffer, Mr. Whitener and Mr.
reviewed Petitioner's allegations of error and injustice
2.
Beckett,
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,
3.
to Petitioner's
follows:
having reviewed all the facts of record pertaining
allegations of error and injustice, finds as
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
Although it appears that Petitioner's application was
b.
filed in a timely manner, it is in the interest of justice to
not
waive the statute of limitations and review the application on
its merits.
Petitioner reenlisted in the Marine Corps Reserve on 22
In January
I:89 for four years in the grade of
May
1992 he was issued a Notification of Eligibility for Retired Pay
at Age 60.
The record reflects no further qualifying years for
retirement after 27 January 1992.
he was promoted to
MGYSGT (E-9) on 1 January 1993.
extension became effective to meet the minimum obligated service
requirement for promotion.
There must have been an additional
two month extension because the Career Retirement Credit Report
shows that he was discharged on 21 March 1995, which means that
On 20 May 1993, a 19 month
1STSGT (E-8).
However,
there must have been extensions totaling 21 months.
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 and individual is qualified for reserve retirement and
there is no explanation in the record why they were discharged
and not retired.
e.
The Board is aware that an individual must earn two
qualifying years after being promoted in order to retire in the
higher grade.
not earn any qualifying years after being promoted.
As indicated, the record shows that Petitioner did
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.
Given the requirements of the Uniform
to the Retired Reserve.
Retirement Date Act, it appears that the retirement should be
effective on 1 March 1995 vice the discharge of 21 March 1995
shown on the CRCR.
The Board concludes that he should be transferred
Concerning the issue of Petitioner's grade on 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
If he has evidence that he actually
the grade of
then HQMC can correct the retirement
earned two qualifying years,
point record and retire him as a MSGT.
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 cannot establish
Therefore, the Board
1STSGT (E-8).
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
hae transferred to the Retired Reserve on 1 March 1995 in the
grade of
1STSGT or higher grade as determined by HQMC, vice being
2
discharged on 21 March 1995.
b.
naval record.
That this Report of Proceedings be filed in Petitioner's
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.
Recorder
ZSALMAN
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.
Executive
3
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