DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7174-01
11 October 2001
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD OF
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
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 8 October 1997.
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.
Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
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 .
On 11 December 1991, Petitioner was issued a
Notification of Eligibility for Retired Pay at Age 60.
time, he was serving in the grade of MSGT (E-8).
he reenlisted for two years and subsequently extended that
enlistment for six months
(CRCR) shows that at the end of his anniversary year on 7
November 1997, he was credited with 26 years of qualifying
service for reserve retirement.
in the record.
8 October 1997.
There are no discharge entries
However, his enlistment, as extended, expired on
The CRCR shows that he was discharged on that
The Career Retirement Credit Report
At that
On 9 April 1995
date.
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 he was discharged and not retired.
The Board is aware that the Uniform Retirement Date Act,
requires that the effective date of any retirement
U.S'C. 8301
5
be the first day of the month.
The Board notes that Petitioner was in good standing in
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.
transferred to the Retired Reserve in the grade of MSGT.
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 October 1997 vice the
discharge of 8 October 1997 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 October 1997 in the
grade of MSGT, vice being discharged on 8 October 1997.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
It
i$ 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
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))
2
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.
W. DEAN P
Executive
3
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