DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
W
ASHlNGTON DC 20370-510
0 TRG
Docket No: 6373-00
13 March 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(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 United States Naval Reserve
filed enclosure (1) with this Board requesting that his record be
corrected to show that he transferred to the Retired Reserve in
the grade of SSGT (E-6) vice being discharged on 6 July 1981.
The Board, consisting of Mr. Pfeiffer, Mr. Kastner and Mr.
2.
IDunn reviewed Petitioner's allegations of error and injustice on
6 March 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 enclosure (1) was not filed in
a timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its-merits.
C .
The record shows that on 15 October 1978 a reserve unit
requested clearance from the Army Reserve (WAR) so that they
could enlist Petitioner him in the USMCR.
granted his grade in the USAR was indicated to be SSGT (E-6) and
he was recommended for reenlistment.
When the clearance was
d.
The incomplete record
in the Marine Corps Reserve in
1979 and that he was honorably
expiration of his enlistment.
shows that Petitioner reenlisted
the grade of SGT (E-5) on 25 June
discharged on 6 July 1981 at the
At that time, he was apparently
On 6 July 1981 Headquarters Marine Corps
still serving as a SGT.
prepared a Reserve Retirement Master Control Card which shows
that his last two years of service in the Marine Corps Reserve
were served on active duty.
he had completed 22 years,
service for reserve retirement.
on 15 August 2000.
3 months and 2 days of qualifying
The Master Control Cards shows that
Petitioner became 60 years old
e .
The record shows that on 2 November 1984 Headquarters
Marine Corps provided a statement of service to the
However, the Board has been informed that there is no evidence of
any service in the USAR after 1978.
WAR.
f.
The Board did not request an advisory opinion in this
However, the Board is aware that Headquarters Marine Corps
case.
has routinely recommended corrective action in similar cases
where an individual is qualified for reserve retirement and there
is no explanation in the record why that individual was
discharged and not retired.
.
The Board is aware that the Uniform Retirement Date Act
U.SgC. 8301 requires that the effective date of any retirement
5
be the first day of the month.
The Board notes that the pertinent part of 10 U.S.C.
1406 states concerning non-regular service retirement as follows:
h.
.
.
. the retired pay base is the monthly basic pay,
.
determined at the rates applicable on the date when
retired pay is granted of the highest grade held
satisfactorily by the person at any time in the armed
forces. . . . .
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.
Petitioner should be transferred to the Retired Reserve.
The Board notes that Petitioner was in good standing in
Given the circumstances,
the Board concludes that
Retirement Date Act to transfer him to the Retired Reserve on 1
July 1981 would result in an indebtedness.
reenlistment of 7 July 1979 should be extended for a period of
one month and he should be transferred to the Retired Reserve in
the grade of SGT on 1 August 1981.
Since Petitioner became 60 years of age on 15 August 2000, the
Therefore, his
Since
it appears that Petitioner was on active duty at the time of his
discharge on 6 July 1981,
-
2
record should be further corrected to show that he transferred to
Given the requirement of the law
the Retired List on that date.
1406, the transfer to the Retired List
as set forth in 10 U.S.C.
should be in the grade of SSGT (E-6).
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:
.
t&t
That Petitioner's naval record be corrected to show
ge extended his enlistment for one month and then transferred to
the Retired Reserve in the grade of SGT on 1 August 1981 vice
being discharged on 6 July 1981.
That Petitioner's naval record be further corrected to show
b.
that he transferred to the Retired List on 15 August 2000, his
60th birthday in the grade of SSGT (E-6).
That this Report of Proceedings be filed in Petitioner's
C .
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
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.
-
w . DEAN PFEIFFER
Executive Director
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