.
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.5100
&
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Docket No: 6911-01
8 November 2001
FtD 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 9 October 1996.
The Board, consisting of Mr.
2.
Pfeiffer, reviewed Petitioner's allegations of error and
injustice on 6 November 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Novello, Mr. Taylor and Mr.
Documentary material
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 Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the applications on
its merits.
it is in the interest of justice to
C .
Petitioner reenlisted in the Marine Corps Reserve on 9
September 1990 for two years and subsequently extended that
enlistment on numerous occasions which appear to total 49 months.
The Career Retired Credit Report (CRCR) shows that at the end of
his anniversary year on 4 November 1994 he was credited with 20
years of qualifying service for reserve retirement.
1995 he was promoted to GYSGT (E-7).
In the anniversary year
ending 9 November 1995 he was only credited with 33 retirement
points and he earned no further qualifying years.
There are no
discharge entries in the record, however, Petitioner states that
On 1 January
he was discharged on 9 October 1996 and this date is confirmed by
the CRCR.
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 an individual is qualified for reserve retirement and
there is no explanation in the record why he was discharged and
not retired.
e.
The Board is aware that an individual must earn two
qualifying years after being promoted to retire in the higher
grade.
An indicated, the record show that Petitioner did not
earn any qualifying years after being promoted.
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:
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.
transferred to the Retired Reserve.
the Uniform Retirement Date Act, the retirement should be
effective on 1 October 1996 vice the discharge of 9 October 1996.
Therefore, the Board concludes that he should be
Given the requirements of
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
the grade of SSGT (E-6).
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 has evidence that he actually
then HQMC can correct the retirement
Therefore, the Board
If he cannot establish
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
te transferred to the Retired Reserve on 1 October 1996
in the
grade of SSGT, or higher grade as determined by HQMC, vice being
2
discharged on 9 October 1996.
That this
b.
naval record.
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. ZSALMAN
Recorder
ALAN
Acting Recorder
E: GOLDSMITH
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
-a*+
WW. DEAN
EIFFER
Executive Director
3
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