DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7726-01
7 November 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RD 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 15 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.
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 was promoted to
1STSGT (E-8) on 1 January
1995 and subsequently earned more than two years of qualifying
service.
year.
credited with 24 years of qualifying service for reserve
retirement.
the expiration of his enlistment.
He reenlisted on 15 November 1997 for a period of one
He was honorably discharged on 14 November 1998 at
At the end of his anniversary year on 16 March 1998 he was
d.
On 7 May 2000, Headquarters Marine Corps (HQMC) informed
Petitioner that although he was eligible for retired pay at age
60, he had to petition the Board to correct the record to show
that he was retired vice discharged.
However, the Board is
further advisory opinion in this case.
aware that 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.
The Board did not request a
.
The Board is aware that the Uniform Retirement Date Act,
U.S'lC. 8301, requires that the effective date of any retirement
5
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
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 November 1998 vice the
discharge of 14 November 1998 now of record.
Therefore, the Board concludes that he should be
1STSGT.
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
Ee transferred to the
IstSGT, vice
grade of
naval record be corrected to show that
Retired Reserve on 1 November 1998 in the
being discharged on 14 November 1998.
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.
@fITYTCL
Acting Recorder
ROBERT D. ZSALMAN
Recorder
5.
Pursuant to the delegation of authority set
6(e) of the revised Procedures of the Board for
out in Section
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.
z:Pe
Executive Director
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