DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6713-01
12 December 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(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 4 June 1997.
The Board, consisting of Mr. Beckett, Mr. Cooper and Ms.
2.
Humberd, reviewed Petitioner's allegations of error and injustice
on 11 December 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,
follows:
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.
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
C .
Petitioner reenlisted in the Marine Corps Reserve on 5
June 1994 for two years and subsequently extended that enlistment
on two occasions totaling 12 months.
promoted to MSGT (E-8).
Notification of Eligibility for Retired Pay at Age 60.
honorably discharged on 4 June 1997 at the expiration of his
enlistment, as extended.
On 21 February he was issued a
On 1 January 1995 he was
He was
On 21 June 2001, Headquarters Marine Corps (HQMC)
informed Petitioner that if he desired to change his status from
d.
he must petition this 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 he was discharged and not retired.
The Board
The
U.,',. 8301
Board is aware that the Uniform Retirement Date Act,
requires that the effective date of any retirement
5
be the first day of the month.
CONCLUSION:
The Board notes that Petitioner was in good standing in
Therefore, the Board concludes that he should be
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 MSGT.
Given the requirements of the Uniform Retirement Date Act, and
since Petitioner may have drilled in June 1997, his enlistment
should be extended for another period of one month and the
retirement should be effective on 1 July 1997, vice the discharge
of 4 June 1997 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.
That Petitioner's naval record be corrected to show that
RECOMMENDATION:
a.
he extended his enlistment for one month and then transferred to
the Retired Reserve effective 1 July 1997 in the grade of MSGT,
vice being discharged on 4 June 1997.
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
.
Acting Recorder
5.
Pursuant to the delegation of authority set out in Section
2
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.
25Z %!Z:iF*
Executive Director
3
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