DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 9067-02
18 December 2002
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
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 enlisted member of the Marine Corps, filed an application
with this Board requesting that his record be corrected to show
that he completed four years of active duty.
2. The Board, consisting of Mr. Lippolis, Mr. Rothlein and Mr.
Caron, reviewed Petitioner's allegations of error and injustice
on 10 December 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.
3. The Board, having reviewed all the facts of record pertaining
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. Petitioner1 s application was filed in a timely manner.
c. Petitioner enlisted in the Marine Corps on 2 August 1961
for four years. He was released from active duty on 30 July
1965, which was a Friday. At that time, he had completed 3
years, 11 months and 29 days of active duty (using 30 day
months). However, the net service completed block on his DD Form
214, incorrectly shows four years of active duty. He had 60 days
of accrued leave as of the date of discharge.
d. Petitioner enlisted in the Coast Guard Reserve on 3
August 1987 at age 44. Since then, he has completed 15
consecutive qualifying years for reserve retirement and, at the
end of his anniversary year on 2 August 2002, he was credited
with 18 years, 11 months and 29 days of qualifying service. He
became 60 years of age on 9 August 2002.
e. Petitioner states that the Coast Guard is denying him
retirement authorization on his 61st birthday because at that
time, he will only have completed 19 years, 11 months C 29 days
of service. He has been informed that he will need to serve
another full year in the Coast Guard Reserve to earn retirement.
f. Regulations allow for early separation in those cases in
which the expiration of enlistment occurs on a holiday or
weekend.
MAJORITY CONCLUSION:
Upon review and consideration of all the evidence of record, the
majority of the Board, consisting of Mr. Rothlein and Mr.
Lippolis, concludes that Petitioner's request warrants favorable
action. The Board notes that Petitioner was properly separated
on Friday, 30 July 1965. However, the Board also notes that
Petitioner sold back 60 days of leave and could have been placed
on leave for 31 July and 1 August. Since Petitioner is now 60
years of age, and may be forced to serve an additional two years
because of his early release, the Board believes that the record
should be corrected to show that he was on leave on 31 July and 1
August 1965. With this correction, his record will show exactly
four years of active duty.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reason for the change in his date
of separation.
MAJORITY RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that he was not released from active duty on 30 July 1965 but was
on leave the next two days, 31 July and 1 August 1965, and was
released from active duty on the latter date.
b.
That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
MINORITY CONCLUSION:
Mr. Caron disagrees with the majority noting that Petitioner was
properly released from active duty on 30 July 1965. He also
notes that, in actuality, Petitioner's problem is not with the
marine Corps but the Coast Guard since that s e ~ i c e enlisted him
at age 44. Since the date of release from active duty is not in
error, he concludes that Petitioner's request does not warrant
favorable action.
MINORITY RECOMMENDATION:
That Petitioner's request be denied.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
Recorder @/& ALAN (E . GOLDSMITH
ROBERT D. ZSALM?N
Acting Recorder
5 . The foregoing report of the Board is submitted for your
review and action.
MAJORITY REPORT : JAN
Reviewed and approved: 1
8 2003
MINoR1wxmRT
Reviewed nd approved:
:
m s v P H + N 5 ; i V
Asslst nt eneral Counsel
( ~ a n ~ o b e r and Reserve Affairs)
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