DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION
OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
TRG
Docket No:
1 October 2002
5279-0
2
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
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
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 on 23 September 2001.
The Board, consisting of Mr. Brezna, Mr. Raster and Mr.
2.
Pauling, reviewed Petitioner's allegations of error and injustice
on 1 October 2002 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
Documentary material considered by
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
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
regulations within the Department
b.
Petitioner's application
under existing law and
of the Navy.
was filed in a timely manner.
C .
Petitioner reenlisted in
the Marine Corps Reserve for
On 5
He has
four years on 5 August 1997 in the grade of MSGT (E-8).
August 2001 he extended his enlistment for three months.
provided a copy of his request to transfer to the Retired
Reserve, dated 1 November 01.
December 2001 at the expiration of his enlistment as extended.
The Career Retirement Credit Report shows that at this time he
had completed 26 years,
service for reserve retirement.
11 months and 12 days of qualifying
He was honorably discharged on 4
d.
The Board did not request an advisory opinion in this
However, the Board is aware that Headquarters Marine Corps
case.
has routinely recommended corrective action is similar cases when
an individual is eligible for reserve retirement and errors
occurred which resulted in discharge and not retirement.
e.
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:
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
Therefore, the Board concludes
requested it in a timely manner.
that he should be transferred to the Retired Reserve in the grade
Given the requirements of the Uniform Retirement Date
of MSGT.
Act, the retirement should be effective on 1 December 2001, vice
the discharge of 4 December 2001 now of record.
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
a.
he transferred to the Retired Reserve effective on 1 December
2001 in the grade of MSGT,
2001.
vice being discharged on 4 December
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.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
[#&~~
ALAN E. GOLDSMITH
Acting Recorder
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
announced that the foregoing corrective action, taken under the
2
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
3
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