DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 7075-01
23 October 2001
Chairman,
Secretary
Board for Correction of Naval Records
of the Navy
REVIEW OF
NAVAL RECORD OF
llrr
(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, an
1.
enlisted member of the Marine Corps Reserve, filed an application
with this Board requesting that his record be corrected to show
that he does not have a break in service.
The Board, consisting of Mr. Kastner, Mr.
2.
McCormick, reviewed Petitioner's allegations of error and
injustice on 16 October 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.
McPartlin and Ms.
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.
Petitioner's application was filed in a timely manner.
C .
Petitioner enlisted in the Marine Corps on 28 August
1981 and served on active duty for 7 years, 9 months and 27 days.
The Career Retirement Credit Report (CRCR) shows that Petitioner
was discharged from active duty on 20 June 1989 and reenlisted in
The CRCR appears
the Marine Corps Reserve on 20 November 1989.
to be in error because the enlistment contract in the record
shows that he enlisted in the Marine Corps Reserve on 17 October
1989, vice 20 November 1989,
for a period of one year.
d.
After his enlistment in the Marine Corps Reserve he has
earned 12 consecutive qualifying years for reserve retirement.
The CRCR shows that at the end of his anniversary year on 19
November 2001 he will be credited with over 19 years of
qualifying service.
Because of the break in service, he has only
been credited with a partial anniversary year of 9 months and 27
days in 1989.
e.
At enclosure (1) is an advisory opinion from
Headquarters Marine Corps that states, in effect, that it is
probable that Petitioner actually enlisted in the Marine Corps
Reserve on 21 June 1989 instead of 17 October 1989 or any other
date.
period of one year to cover the gap in the record, and that the
CRCR be corrected to show that he has no break in service.
It is recommended that Petitioner be reenlisted for a
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board notes his excellent record and 12 consecutive
action.
qualifying years for reserve retirement.
Therefore, the Board
agrees with the recommendation contained in the advisory opinion
and concludes that the gap in the record should be closed.
The
Board believes that the best way to correct the record is by
changing the one year enlistment contract of 17 October 1989 to a
two year enlistment beginning on 21 June 1989.
of all subsequent reenlistments should remain unchanged.
The starting date
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reason for the changes in the
enlistment contract.
RECOMMENDATION:
That Petitioner's naval record be corrected by changing the
a.
one year enlistment of 17 October 1989 to show that he enlisted
on 21 June 1989 for two years.
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
Pursuant to the delegation of authority set out in Section
5.
6(e) of the revised Procedures of the Board for Correction of
2
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.
3
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