DEPARTMENT OF THE NAVY
BOARD
FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
TRG
Docket No:
11 October
Chairman, Board for Correction of Naval Records
Secretary of the Navy
7143-01
2001
REVIEW OF NAVAL RECORD OF
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(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 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 14 May 2001.
The Board, consisting of Mr. Adams, Mr. Pfeiffer and Mr.
2.
Morgan, reviewed Petitioner's allegations of error and injustice
on 10 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, 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 application on
its merits.
it is in the interest of justice to
C .
Petitioner reenlisted in the Marine Corps Reserve on 16
At that time he was serving in the grade
May 1999 for two years.
of GYSGT (E-7) and had served in that grade for several years.
(CRCR) shows that at the end
The Career Retirement Credit Report
of his anniversary year on 16 September 1999, he had completed 20
years of qualifying service.
Notification of Eligibility for Retired Pay at Age 60.
in the next anniversary year,
Ready Reserve.
He was honorably discharged on 14 May 2000.
he transferred to the Individual
Subsequently, he was issued a
Sometime
d.
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 when
an 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 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 in the grade of GYSGT.
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 May 2000 vice the discharge
of 14 May 2001 now of record.
Therefore, the Board concludes that he should be
Given
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
a.
he transferred to the Retired Reserve on 1 May 2000 in the grade
of GYSGT, vice being discharged on 14 May 2001.
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
Recorder
D. ZSALMAN
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
and having assured compliance with its provisions, it is hereby
723.6(e))
2
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.
Executive
3
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