DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No:
23 August 2001
8689-00
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
.(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) HQMC Memo 1741 MMSR-6 of 10 Apr 01
(3) Subject's naval record
Pursuant to the provisions of reference
1.
former officer in the Marine Corps Reserve filed enclosure (1)
with this Board requesting that his record be corrected to show
that he was not discharged on 4 May 2000 and that he was promoted
to CAPT (O-3).
(a),.Petitioner, a
The Board, consisting of Mr. Taylor, Mr.
2.
Hardbower, reviewed Petitioner's allegations of error and
injustice on 31 July 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
avgilable evidence of record.
regulations and policies.
Novello and Ms.
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.
Enclosure (1) was filed in a timely manner,
C .
Petitioner enlisted in the Marine Corps Reserve on 16
November 1988 and then earned six consecutive qualifying years
for reserve retirement.
Marine Corps Reserve on 16 December 1994.
series of extended periods on active duty and earned five
consecutive qualifying years for reserve retirement.
shows that he served in an excellent manner, advancing in rank to
1stLT and earning the Navy Achievement Medal.
He was commissioned a 2ndLT in the
He then performed a
The record
d.
Petitioner signed an oath of office for the California
National Guard on 5 May 2000.
informed of this action on 13 September 2000.
Headquarters Marine Corps was
Therefore, he was
honorably discharged from the Marine Corps Reserve retroactive to
4 May 2000, the day prior to his signing the oath of office.
e.
On 12 September 2000 a message was released showing that
Petitioner had been selected for promotion to CAPT with a date of
rank of 1 July 2000.
effective on 4 May 2000.
However, as indicated, his discharge was
f.
On 13 October 2000 Petitioner was informed that his
appointment in the California National Guard had not been
finalized because consideration by a Federal Recognition Board
was required before he could be accepted into the Guard.
November 2000 HQMC informed Petitioner that they did not have
authority to rescind a discharge,
this Board if he believed an injustice had occurred.
application to the Board was received on 28 December 2000. He
states that he desires a correction to the record to show that he
was not discharged so he can join a reserve unit.
and he was advised to apply to
On 22
His
g-
At enclosure (2) is an advisory opinion from HQMC which
recommends that Petitioner's request be denied.
recommendation was made because there was no error on the part of
HQMC, which properly discharged him effective 4 May 2000, and
the error should be corrected by the California National Guard.
This
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that the error made by the California
National Guard resulted in his discharge from the Marine Corps
Reserve, and through no fault of his own he now has no status in
any military component.
injustice has occurred.
concludes that the record should be corrected to show that he was
not discharged on 4 May 2000 but continued to be a member of the
Marine Corps Reserve.
This action will result in his promotion
to CAPT with a date of rank of 1 July 2000.
Therefore, the Board believes an
Given the circumstances, the Board
Given his record of earning 11 consecutive qualifying years for
reserve retirement, the Board believes that if Petitioner had not
been discharged from the Marine Corps Reserve he probably would
have continued to earn retirement points.
further concludes that he should be credited with four
retirement points in each month from 1 January 2001 (the first
month following his application) through the month this
recommendation is approved.
Therefore, the Board
nonpay
RECOMMENDATION:
2
That Petitioner's naval record be corrected to show that
a.
that he was not discharged on 4 May 2000 but continued to serve
in the Marine Corps Reserve.
Since he will be a member of the
Marine Corps Reserve he should be promoted to CAPT as set forth
in the promotion message from HQMC.
That Petitioner be credited with four
b.
points from 1 January 2001 and continuing through the month of
approval of this recommendation.
nonpay retirement
C . That any material or entries inconsistent with or relating to
the Board's recommendation be corrected, removed or completely
expunged from Petitioner's record and that no such entries or
material be added to the record in the future.
d. That any material directed to be removed from Petitioner's
naval record be returned to the Board,
of Proceedings,
for retention in a confidential file maintained
for such purpose, with no cross reference being made a part of
Petitioner's naval record.
together with this Report
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.
Recorder
ZSALMAN
Acting Recorder
The foregoing report of the Board is submitted for your
5.
review and action.
Reviewed and approved:
JOSEPH
6.
Assistant General
(Manpower And Reserve Affairs)
LWCH
Counsd
3
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