DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7405-01
8 November 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD 0
(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 13 November 1998.
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.
Petitioner's application was filed in a timely manner.
C .
Petitioner reenlisted in the Marine Corps Reserve for
The Career Retired Credit Report
six years on 14 November 1992.
(CRCR) shows that at the end of his anniversary year, on 4
November 1996, he was credited with 20 years of qualifying
service for reserve retirement.
On 1 January 1997 he was
promoted to MSGT (E-8).
About 10 months later, on 17 October
1997, he transferred to the individual ready reserve
(IRR).
Subsequently, he was issued a Notification of Eligibility for
Retired Pay at Age 60.
November 1998 at the expiration of his enlistment.
He was honorably discharged on 13
On 27 June 2001, Headquarters Marine Corps, (HQMC)
informed Petitioner that although he was eligible for retired pay
d.
at age 60, he had to petition the Board to correct the record to
show that he was retired vice discharged.
request a further advisory opinion in this case.
However, the
Board is aware that Headquarters Marine Corps has routinely
recommended corrective action in similar cases when an individual
is qualified for reserve retirement an there is no explanation in
the record why he was discharged and not retired.
The Board did not
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 shows that Petitioner only
earned one partial qualifying year after being promoted to MSGT.
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 November 1998, vice the discharge of 13 November
1998 now of record.
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 GYSGT (E-7).
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
Therefore, the Board
then HQMC can correct the retirement
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
a.
he transferred to the Retired Reserve on 1 November 1998 in the
grade of GYSGT, or higher grade as determined by HQMC, vice being
discharged on 13 November 1998.
2
.
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
//
ALAN E. GOLDSM
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))
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.
-x4&~&~
WW. DEAN PFEIFFER
Executive Director
3
NAVY | BCNR | CY2001 | 05204-01
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) 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 enclosure (1) with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 3 January 1997. If he has evidence that he actually then Headquarters Marine Corps can Therefore, the Board If...
NAVY | BCNR | CY2001 | 06911-01
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. e. The Board is aware that an individual must earn two qualifying years after being promoted to retire in the higher grade. If he has...
NAVY | BCNR | CY2001 | 04448-01
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 6 January 2000. If he has evidence that he actually than Headquarters Marine Corps can Therefore, the Board If he cannot The Board further...
NAVY | BCNR | CY2001 | 06289-01
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 21 January 1995. concludes that he should be transferred to the Retired Reserve in If he has evidence that he actually the grade of then HQMC can correct the...
NAVY | BCNR | CY2001 | 05646-01
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 5 October 1999. However, if Petitioner was in fact it appears that he was not in a vice the discharge of 24 April Therefore, given the requirements...
NAVY | BCNR | CY2002 | 02198-02
Pursuant to the provisions of reference (a), Petitioner, a 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 31 December 2001 or any other date. However, the Board is aware that Headquarters Marine Corps has routinely recommended corrective action in similar cases when an individual is qualified for reserve retirement and there is...
NAVY | BCNR | CY2001 | 01523-01
However, the Board has also been provided with a Reserve Retirement Master Control Card which shows that Petitioner has been credited with 19 years, 10 months and 21 days of service for reserve retirement. concludes that the record should be corrected to show that he has 20 years of qualifying service for reserve retirement. further concludes that the best way to accomplish this action is to transfer 35 retirement points from the excess over 50 in Therefore, the Board The...
NAVY | BCNR | CY2001 | 07726-01
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 15 November 1998. aware that HQMC has routinely recommended corrective action in similar cases when an individual is qualified for reserve retirement and...
NAVY | BCNR | CY2001 | 04298-01
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 4 August 1999. The Board notes that the facts an Therefore, the Board The Board further concludes that this Report of Proceedings should be...
NAVY | BCNR | CY2008 | 12316-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 12316-08 13 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF 3 OF Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that her record be corrected to show that she...