DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
6 November 2002
6500-02
Chairman, Board for Correction of Naval Records
Secretary of the Navy
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, 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 List on his 60th
birthday.
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.
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
Petitioner was issued a Notification of Eligibility for
Retir,";l Pay at Age 60 on 18 September 1984.
1985, he was promoted to Sergeant Major
August 1987 he reenlisted for three years.
Credit Report (CRCR) shows that at the end of his anniversary
year on 28 August 1989, he was credited with 29 continuous
qualifying years for reserve retirement.
(SGTMAJ; (E-9).
Subsequently, in
In the next anniversary
The Career Retirement
On 10
year, he has only been credited with membership points.
honorably discharged on 9 August 1990 at the expiration of his
enlistment.
however, he has not requested transfer to the Retired List and
the start of his retired pay.
Petitioner became 60 years old on 19 June 1998,
He was
d.
Petitioner is requesting that his retirement point
record be corrected to show points earned in his last enlistment.
He has submitted a copy of a statement of service for reserve
retirement that only shows service until 28 August 1986 and 26
years of qualifying service.
However, as indicated, the current
CRCR shows service until 9 August 1990 and 29 years of qualifying
service.
beginning on 29 August 1989 and ending on 9 August 1990 he
attended drills and a period of annual training (AT).
submitted copies of orders showing AT from 14 to 29 July 1990 and
the fitness report covering the period shows that he was
attending drills.
commanding officer stating that he attended drills at least
through January 1990.
He also claims that in the partial anniversary year
He has also submitted a letter from a former
He has
e.
The Board did not request an advisory opinion in this
However, the Board is aware that Headquarters Marine Corps
case.
(HQMC) 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.
f.
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
requested it.
transferred to the Retired Reserve in the grade of Sergeant
Major.
Act, Petitioner should be transferred to the Retired Reserve
effective 1 September 1990,
now of record.
Since Petitioner was 60 years old on 19 June 1998
he should be transferred to the Retired List effective that date.
Given the requirements of the Uniform Retirement Date
Therefore, the Board concludes that he should be
vice the discharge of 9 August 1990
The Board declines to correct the last anniversary year to show
additional retirement points,
since the AT and drills attended
may be administratively credited based on available
documentation.
dissatisfied with the administrative action taken by HQMC.
He can reapply on this issue if he is
2
RECOMMENDATION:
That Petitioner's naval record be corrected to show that that
Ee transferred to the Retired Reserve effective on 1 August 1990
in the grade of SGTMAJ, vice being discharged on 9 August 1990.
That Petitioner's naval record be further corrected to show
b.
that he transferred to the Retired List on 19 June 1998 his 60th
birthday.
That no action be taken at this time on Petitioner's request
C .
for retirement points in the last anniversary year.
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
.
Executive Dire
3
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