DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
4
TRG
Docket No:
25 January 2002
5817-01
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF
'NAVAL RECORD OF
I
(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 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 2 August 1990.
The Board, consisting of Mr. Agresti, Mr. Pfeiffer and Mr.
2.
Beckett, reviewed Petitioner's allegations of error and injustice
on 23 January 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.
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.
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 for
three years on 3 May 1987 in the grade of
subsequently extended that enlistment for three months.
He has
submitted a copy of a request to transfer to the Retired Reserve
dated 15 May 1990.
No action was taken on this request and he
was honorably discharged on 2 August 1990 at the expiration of
his enlistment.
and is drawing his retired pay as a former member.
Petitioner became 60 years old on 21 July 2001
1stSGT (E-8) and
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 in similar cases when
and individual is qualified for reserve retirement and there is
no explanation in the record why he was discharged and not
retired.
e.
The Board is aware that the Uniform Retirement Date Act,
U.S.C. 8301, requires that the effective date of any retirement
5
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
requested it.
transferred to the Retired Reserve in the grade of
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 August 1990 vice the
discharge of 2 August 1990 now of record.
Since Petitioner is
drawing his retired pay,
the record should be further corrected
to show that he transferred to the Retired List on 21 July 2001,
his 60th birthday.
Therefore, the Board concludes that he should be
1stSGT.
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
a.
he transferred to the Retired Reserve on 1 August 1990 in the
grade of
record should be further corrected to show that he transferred to
the Retired List on 21 July 2001, his 60th birthday.
IstSGT, vice being discharged on 2 August 1990.
The
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. GOLDSMITH
Acting Recorder
2
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
F__W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2006 | 08124-06
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Marine Corps Reserve, applied to this Board requesting that his record be corrected to show that he transferred to the Retired Reserve and subsequently placed on the Retired List vice being discharged on 10 January 1994.2. e. Petitioner reenlisted in the Marine Corps Reserve or two years, and transferred to the Individual Ready Reserve (IRR) on that same date. The record should be further...
NAVY | BCNR | CY2002 | 06500-02
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, in effect, that his record be corrected to show that he was credited with three years of reserve service not shown on his statement of service, that he transferred to the Retired Reserve vice being discharged on 9 August 1990, and transferred to the Retired...
NAVY | BCNR | CY2001 | 01523-01
However, the Board has also been provided with a Reserve Retirement Master Control Card which shows that Petitioner has been credited with 19 years, 10 months and 21 days of service for reserve retirement. concludes that the record should be corrected to show that he has 20 years of qualifying service for reserve retirement. further concludes that the best way to accomplish this action is to transfer 35 retirement points from the excess over 50 in Therefore, the Board The...
NAVY | BCNR | CY2005 | 05777-05
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.2. Given the circumstances, the Board concludes that Petitioner’s record should be corrected to show that he transferred to the Retired Reserve.Concerning the issue of his grade on retirement, the Board believes that Petitioner may...
NAVY | BCNR | CY2001 | 04255-01
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 9 May 1998. Therefore, the Board concludes that the record should be corrected to show that he transferred to...
NAVY | BCNR | CY2001 | 04048-01
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 19 August 1995. concludes that he should be transferred to the Retired Reserve in the grade of If he has...
NAVY | BCNR | CY2008 | 05273-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 5273-08 2 July 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF ‘iil Ref: (a) Title 10 U.s.c. 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...
NAVY | BCNR | CY2006 | 06691-06
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Naval Reserve, filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve and to the Retired List, vice being discharged.2. The Board, consisting of Mr. Mr. and Ms. reviewed Petitioner’s allegations of error and injusticeon 28 November 2006 and, pursuant to its regulations, determined that the corrective action indicated below should...
NAVY | BCNR | CY2009 | 01204-09
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 6 July 1991. He was then yonorably discharged at the expiration of his enlistment on 6 July 1991. d. It is clear that since Petitioner did not earn any qualifying years after 6 December 1989 that he did...
NAVY | BCNR | CY2008 | 03376-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 3376-08 12 December 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF WR Ref: (a) Title 10 U.S.C. 1552 Encl: (1) Case Summary (2) Subject's naval record 1. Pursuant to the provisions of reference (a), Petitioner, a former chief warrant officer (CWOr4) in the Marine Corps Reserve, filed an application with this...