DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
S
0 TRG
Docket No: 4602-02
12 November 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
retired 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 in
the grade of gunnery sergeant (GYSGT;
the grade of staff sergeant (SSGT; E-6).
E-7) vice being retired in
The Board, consisting of Mr. Brezna, Mr. Kastner and Mr.
2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 5 November 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
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.
Petitioner's application was filed in a timely manner.
Petitioner completed 20 years of qualifying service for
About 51 days later, on 1
reser% retirement on 9 November 1994.
In the anniversary year
January 1995, he was promoted to GYSGT.
ending 9 November 1995, he has only been credited with 33 of the
50 retirement points required for a qualifying year.
partial anniversary year he was only credited with membership
points.
Petitioner was honorably discharged on 9 October 1996.
In the next
d.
On 8 November 2001, the Board directed that Petitioner's
record be corrected to show that he transferred to the Retired
Reserve on 1 October 1996 vice being discharged on 9 October
1996.
However, since he did not complete two years of qualifying
service after being promoted to GYSGT it was further directed
that he be retired in the grade of SSGT.
time that he could apply to the Board in the future if he
believed this action was erroneous or unjust.
He was informed at that
e.
Petitioner states that he was unaware of the requirement
for two qualifying years after being promoted and he was never
advised of this requirement by his command.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board notes that Petitioner was not promoted to
action.
GYSGT until after he had completed 20 years of qualifying
service.
Reserve and apparently could have earned two qualifying years if
he had been properly advised.
concludes that the record should be corrected to allow retirement
in the grade of GYSGT.
However, he was in good standing in the Marine Corps
Given the circumstances, the Board
Therefore, Petitioner's retirement effective 1 October 1996
should be cancelled and his enlistment extended for three months
to expire on 9 January 1997.
the excess over 50 in qualifying years, should be transferred
into the anniversary years ending on 9 November 1995 and 1996 and
the partial anniversary year ending 31 December 1996 to make
those years qualifying for reserve retirement.
transferred to the Retired Reserve effective 1 January 1997 in
the grade of GYSGT.
Sufficient retirement points, from
He should then be
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand he retired in the grade of GYSGT.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that he
a.
was not retired on 1 October 1996 but extended his enlistment for
three months to end on 9 January 1997.
Petitioner's record should be further corrected by
b.
transferring sufficient retirement points from the excess over 50
in qualifying years into the anniversary years ending on 9
November 1995 and 9 November 1996, and the partial anniversary
year ending 31 December 1996 to make those periods qualifying for
reserve retirement.
That Petitioner's record then be corrected to show that he
C .
transferred to the Retired Reserve effective 1 January 1997 in
2
the grade of GYSGT.
d.
naval record.
That this Report of Proceedings be filed in Petitioner's
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
matter.
entjtled
ROBERT D. ZSALMAN
Recorder
/’
jgg-~g.-j$
,7
+A
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 assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy._
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