DEPARTMENT OF  THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TRG 
Docket No: 2198-02 
13 June 2002 

From:  Chairman, Board for Correction of Naval Records 
To : 

Secretary of the Navy 

Subj :  REVIEW OF NAVAL RECORD 00 

0 
(a) Title 10 U.S.C. 1552 

Ref: 

Encl:  (1) Case Summary 

(2) Subject's  naval record 

1.  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. 

2.  The Board, consisting of Mr.  Hogue, Mr. Milner and Mr. 
Cooper, reviewed Petitioner's  allegations of error and injustice 
on 29 May 2002 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. 

3.  The Board, having reviewed all the facts of record pertaining 
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 
regillations within  the D e p a r h n t  of  the Navy. 

b. 
manner. 

Petitioner's  application was received in a timely 

c.  Petitioner was honorably discharged from the Marine 

Corps on 12 April  1993 under  the provisions of the "voluntary 
discharge for early release program1'.  He was paid  separation pay 
of $45,146.57.  He enlisted in the Marine Corps Reserve on 13 
April  1993, as required under the program under which he was 
discharged.  On 1 January 1996 he was promoted to gunnery 
sergeant  (GYSGT; E-7). 

d.  Petitioner reenlisted in the Marine Corps Reserve on 10 
January 1999 for three years.  At the end of his anniversary year 
on 15 December 1999, he was credited with five qualifying years 
in the reserve component and 20 years of qualifying service for 

reserve retirement.  He earned no further qualifying years, 
however,  in the anniversary year ending  15 December 1999, he was 
credited with 41 retirement points, nine points short of the 50 
points necessary for a qualifying year.  The Career Retirement 
Credit Report  (CRCR) furnished by,Headquarters Marine Corps 
(HQMC) states that his service ended on 31 December 2001. 
Termination of service on that date is consistent with a transfer 
to the Retired Reserve effective the next day.  His enlistment 
would have expired on 10 January 2002. 

e.  In order to be eligible for reserve retirement, an 

individual must have 20 qualifying years and as of 31 December 
2001, the last sir of those qualifying years must be in the 
reserve component.  As indicated, Petitioner only had five 
qualifying years in the reserve component and normally would not 
be eligible for reserve retirement.  However, the case examiner 
has been informed that HQMC has recently revised its policy 
(apparently since 1 January 2002) and now counts a year in which 
an individual changes from regular to reserve status as a 
qualifying year.  With this change, the anniversary year ending 
on 15 December 1993, after his discharge from the Regular Marine 
Corps on 12 April  1993, is now considered a qualifying year as it 
relates to the six year requirement. 

f.  In his application Petitioner requests that his record 
be corrected to show that he transferred to the Retired Reserve 
on 1 January 2002 vice being discharged.  HQMC has informed the 
case examiner that their computer records, which  include the 
CRCR, show that Petitioner transferred to the Retired Reserve on 
1 January 2002.  However, no written documentation exists to back 
up those entries.  HQMC has informally recommended that action by 
the Board be taken to clear up any confusion. Whether or not the 
foregoing change in policy led to the confusion in Petitioner's 
case is unknown. 

g.  The Board did not request an 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 and there is no 
explanation in the record why he was discharged and not retired. 

h.  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: 

1  The law has changed and effective 1 January 2002, the last 
eight qualifying years must be in the reserve component. 

Upon review and consideration of all the evidence of record the 
Board concludes that Petitioner's  request warrants favorable 
action.  The Board notes that Petitioner was in good standing in 
the Marine Corps Reserve and would have been retired if he had 
requested it and had been eligible.  Therefore, the Board 
concludes that he should be transferred to the Retired Reserve in 
the grade of GYSGT. 

In order to clear up any possible confusion as to Petitioner's 
eligibility,  the Board concludes that the record should be 
corrected by moving nine retirement points from the excess over 
50 points in prior anniversary years to the anniversary year 
ending 15 December 2001.  With  this change, he will have 20 
qualifying years and the last six of those years will be 
qualifying for retirement.  Given the requirements of the Uniform 
Retirement Date Act, the retirement should be effective on 1 
January 2002 vice the discharge of 31 December 2001 now of record 
or any other date. 

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 : 

a.  That Petitioner's  naval  record be corrected by transferring 
nine retirement points  from prior anniversary years to the 
anniversary year ending  15 December 2001. 

b.  That Petitioner's  naval  record be further corrected to show 
that he transferred to the Retired Reserve effective 1 January 
2002 in the grade of GYSGT vice the discharge of 31 December 2001 
or any other date. 

c.  That this Report of Proceedings be filed in Petitioner's 
naval record. 

4.  It is certified that a q u o r u m   was present at the Board's 
review and deliberations, and that the foregoing is a true and 
complete record of the Board's  proceedings  in the above entitled 
matter. 

/ 5 j j 3 Z 3 g 7  

ROBERT D.  ZSALMAN 
Recorder 

ALAN E.  GOLDSMITH 
Acting Recorder 

5.  Pursuant to the delegation of authority set out in Section 
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  a s s u r e d   compliance  w i t h   i t s  p r o v i s i o n s ,   i t  i s  hereby 
announced  t h a t   t h e   f o r e g o i n g   c o r r e c t i v e   a c t i o n ,   taken  under  t h e  
a u t h o r i t y   of  r e f e r e n c e   ( a ) ,  has  been  approved  by  t h e   Board  on 
behalf  of  t h e   S e c r e t a r y   of  t h e   Navy. 

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