DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
3 October 2002
7644-02
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 in the Marine Corps Reserve, filed an
application with this Board requesting that her record be
corrected to show that she transferred to the Retired Reserve
vice being discharged on 18 February 2000.
The Board, consisting of Mr. Brezna, Mr. Kastner 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
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
Documentary material considered by
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.
C .
Petitioner was promoted to GYSGT (E-7) on 1 January
At the end of her anniversary year on 9 July 1998 she
1995.
completed 20 consecutive qualifying years for reserve retirement.
She earned no further qualifying years and was honorably
discharged on 18 February 2000 at the expiration of her
enlistment.
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.
The Board
is aware that the Uniform Retirement Date Act,
requires that the effective date of any retirement
U.Sf'C. 8301
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 she had
requested it, or if her request had been properly processed.
Therefore, the Board concludes that she should be transferred to
the Retired Reserve in the grade of GYSGT.
requirements of the Uniform Retirement Date Act, the retirement
should be effective on 1 February 2000, vice the discharge of
18 February 2000 now of record.
Given the
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 he
a.
transferred to the Retired Reserve effective on 1 February
in the grade of GYSGT, vice being discharged on 18 February
2000
2000.
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.
H&X
ROBERT D. ZSALMAN
Recorder
.
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), has been approved by the Board on
behalf of the Secretary of the Navy.
Executive
3
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