DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 8148-00
13 April 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 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 17 May 1996.
The Board, consisting of Mr.
2.
Humberd, reviewed Petitioner's allegations of error and injustice
on 10 April 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.
Leeman, Mr. Beckett and Ms.
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
On 18 May 1994
The
CorpscReserve for two
Career Retirement Credit Report (CRCR) shows that at the end of
his anniversary year on 4 September 1995, he had completed 20
years of qualifying service.
expiration of his enlistment on 17 May 1996.
Petitioner reenlisted in the Marine
y;ars in the grade of GYSGT (E-7).
He was honorably discharged at the
d.
The Board did not request an advisory opinion in this
However, the Board is aware that Headquarters Marine Corps
case.
has routinely recommended favorable action in similar cases when
there is no explanation in the record why an individual was
discharged and not retired.
e.
The Board is also aware that the Uniform Retirement Date
Act, 5 U.S.C. 8301 requires that the first day 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 Board
further concludes that he should be transferred to the Retired
Reserve effective 1 May 1996 vice being discharged on 17 May
1996.
Therefore, the Board concludes that he should be
Given
The Board also 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 Marine Corps Reserve.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
he transferred to the Retired Reserve in the grade of GYSGT
effective 1 May 1996 vice being discharge on 17 May 1996.
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
matter.
in the above entitled
ROBERT D.
Recorder
ZSALMAN
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
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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