DEPARTMENTOF THE NAVY
BOAR,, FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370.510
0
S
TRG
Docket No: 2778-02
10 May 2002
From:
To:
Subj:
Chairman,
Secretary of the Navy
Board for Correction of Naval Records
CORD OF
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) Case Summary
(2) Subject's naval record
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 19 January 1998.
The Board,
reviewed Petitioner's allegations of error and injustice
consisting of Mr. Lippolis, Mr. Dunn, and Mr.
2.
Beckett,
on 7 May 2002 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,
3.
to Petitioner's allegations of error and injustice, finds as
follows:
having reviewed all the facts of record pertaining
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 reenlisted in the Marine Corps Reserve on 20
On 1 January 1995 he was promoted
February 1992 for three years.
to MGYSGT (E-9). At that time,
months to complete the two year service requirement for
promotion.
his anniversary year on 6 April 1997.
Credit Report (CRCR) shows that at that time he had completed
over 22 years of qualifying service for retirement. He
transferred to the individual ready reserve (IRR) on 15 July 1997
and was honorably discharged on 19 January 1998 at the expiration
He then earned qualifying years through the end of
The Career Retirement
he extended his enlistment for 23
of his enlistment as extended.
d.
The Board did not request an advisory opinion in this
However,
case.
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
the Board is aware that Headquarters Marine Corps
was discharged and not retired.
The Board is aware that
requires that the
U.S'C. 8301
5
be the first day of the month.
the Uniform Retirement Date Act,
effective date of any retirement
CONCLUSION:
all the evidence of record the
The Board notes that Petitioner was in good standing in
Upon review and consideration of
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 MGYSGT.
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 January 1998 vice the
discharge of 19 January 1998 now of record.
the Board concludes that he should be
Therefore,
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 naval record be corrected to show that
Ee transferred to the Retired Reserve effective on 1 January 1998
in the grade of MGYSGT,
vice being discharged on 19 January 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.
ROBERT D. ZSALMAN
Recorder
ALAN E.
Acting Recorder
GOLDSMITH
’
Pursuant to the delegation of
5.
6(e) of the revised Procedures of
Naval Records (32 Code of Federal
authority set out in Section
the Board for Correction of
Regulations,
Section 723.6(e))
2
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
Executive Director
NAVY | BCNR | CY2001 | 01347-01
DEPARTMENT OF THE NAVY BOARD FOR C O R R E C T I O N O F NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 2 0 3 7 0 - 5 1 0 0 TRG Docket No: 1347-01 7 June 2001 From: Chairman, Board for Correction of Naval Records To : Secretary of the Navy Subj : REVIEW OF NAVAL RECORD OF Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the United States Marine Corps Reserve filed an application with this Board requesting that his record be corrected...
NAVY | BCNR | CY2001 | 06005-01
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) 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 enclosure (1) with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 23 October 1997. The Board, consisting of Mr. Pfeiffer, Mr. Morgan and Mr. 2. reviewed Petitioner's...
NAVY | BCNR | CY2001 | 04078-01
Pursuant to the provisions of reference (a), Petitioner, a 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 31 March 2000. The Board, consisting of Ms. McCormick, Ms. Wiley and Mr. Leeman, reviewed Petitioner's allegations of error and injustice on 12 June 2001 and, pursuant to its regulations, determined that the corrective...
NAVY | BCNR | CY2008 | 10069-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 10069-08 19 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF «gigi Ref: (a) Title 10 U.S.C. At the end of his anniversary year on 18 April 2001 he was only credited with 42 of the 50 retirement points necessary for another qualifying year. Although Petitioner requested that the transfer to the...
NAVY | BCNR | CY1998 | 06553-98
Since Petitioner was in good standing in the Marine Corps Reserve and would have been retired if he requested it prior to discharge, the Board concludes that his record should be corrected to show that he transferred to the Retired Reserve in the grade of MGYSGT. 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. That Petitioner's naval record be corrected...
NAVY | BCNR | CY2001 | 01596-01
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 6 June 1996. Morgan, reviewed Petitioner's allegations of error and injustice on 10 October 2001 and, pursuant to its regulations, determined that the...
NAVY | BCNR | CY2007 | 11293-07
Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the Retired Reserve and to the Retired List vice being discharged on 12 January 1999.2. The Board, consisting of Mr. Mr.and Mr. reviewed Petitioner’s allegations of error and injustice on 1 April 2008 and, pursuant to its regulations, determined that the corrective action...
NAVY | BCNR | CY2001 | 04448-01
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 6 January 2000. If he has evidence that he actually than Headquarters Marine Corps can Therefore, the Board If he cannot The Board further...
NAVY | BCNR | CY2003 | 02600-03
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in 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. The Board, consisting of Mr. Harrison, Mr. Frankfurt and Mr. Nicholson, reviewed Petitioner's allegations of error and injustice on 29 April 2003 and, pursuant to its regulations, determined that the corrective action indicated...
NAVY | BCNR | CY2009 | 08776-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DG 20370-5100 SIN Docket No: 08776-09 22 February 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF 3 Ref: (a) 10 U.S.C. However, the Board is aware that Headquarters Marine Corps has routinely recommended corrective action when an individual is qualified for reserve retirement and was discharged prior to requesting transfer to the Retired...