DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
19 April 2001
7791-00
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
ORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) HQMC Memo 1040 CMT of 27 Mar 01
(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
(USMCR) filed enclosure (1) with this Board requesting that his
record be corrected to show that he was not discharged on 6
November 2000 but continued to serve in the USMCR.
The Board, consisting of Mr.
2.
Leeman, Mr. Frankfurt and Ms.
Wiley, reviewed Petitioner's allegations of error and injustice
on 17 April 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.
Enclosure (1) was filed in a timely manner.
C .
He was granted at least some of
Petitioner reenlisted in the Marine Corps Reserve on
Subsequently, he extended that
7 August 1996 for two years.
enlistment on six or seven occasions, apparently totaling 27
months.
he was having difficulty obtaining a fitness report which was
required before his reenlistment could be authorized. He
obtained the fitness report on 5 November 2000.
states he was honorably discharged at the expiration of
enlistment, as extended, on 6 November 2000.
Petitioner
th&wextensions because
d.
At enclosure (2) is an advisory opinion from
Headquarters Marine Corps (HQMC) which explains the situation and
recommends as follows:
This office recommends that his missing fitness report
from the period 19 May 1997 to 6 March 1998 be included
in his official military personnel file, and that he be
reinstated in the Marine Corps Reserve with no break in
service.
e. 'The Board is aware that regulations state that the
total of all extensions cannot exceed 48 months.
CONCLUSION:
The Board notes that Petitioner was attempting to
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
reenlist, but only obtained the missing fitness report one day
prior to his expiration of enlistment.
the Board agrees with the recommendations contained in the
advisory opinion.
Given the circumstances,
Therefore, the record should be corrected to show that he was not
discharged on 6 November 2000 and a 21 month extension became
effective on 7 November 2000.
This correction will make the
expiration of his enlistment 6 August 2002.
Since Petitioner was in a pay status at the time of his discharge
and his case has been pending for over five months, the Board
further concludes that the record should be corrected by
crediting him with four pay drills per month for six months.
he attended drills in November 2000, then the six months should
begin in December 2000.
If
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 circumstances which led to his
further service and crediting of drills.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
he was not discharged
became effective on 7 November 2000.
on 6 November 2000 but a 21 month extension
That Petitioner's naval record be corrected to show that he
b.
was credited with four paid drills per month for the six months
following his discharge.
November or December, as appropriate.
The six months should begin in either
2
That this Report of Proceedings be filed in Petitioner's
C .
naval record.
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
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
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.
wW.
Ex
3
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