DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 TRG
Docket No:
1 May 2003
From:
To :
Chairman, Board for Correction of Naval Records
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 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. The Board, consisting of Mr. Harrison, Mr. Frankfurt and Mr.
Nicholson, reviewed Petitioner's allegations of error and
injustice on 29 April 2003 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 r'ecord 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.
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b. Although it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitation and review the application on its
merits.
c. On 29 March 1988 Petitioner was issued a Notification
of Eligibility for Retired Pay at Age 60. About nine months
later, on 13 January 1989, he was promoted to master gunnery
sergeant (MGYSGT; E-9). He then served consecutive qualifying
years through the anniversary year ending on 23 February 1994.
On 17 October 1993, he reenlisted for a period of two years. He
apparently transferred to the Individual Ready Reserve during
this period because he has been credited with no further
qualifying years. He was honorably discharged on 15 September
1995. The Career Retired Credit Report shows more than 29 years
d. The Board did not request an advisory op:nion in this
of total service and 26 years of qualifying servi e for reserve
retirement.
case. However, the Board is aware that Headquart rs Marine Corps
has routinely recommended corrective action when n individual is
qualified for reserve retirement and there is no xplanation in
j
the record why he was discharged and not retired. 4
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Upon review and consideration of all the evidence f record the
Board concludes that Petitioner's request warrant favorable
action. The Board notes that Petitioner was in g d standing in
the Marine Corps Reserve and would have been reti d if he had
requested it. Therefore, the Board concludes th the record
should be corrected to show that he transferred t the Retired
Reserve in the grade of MGYSGT. Given the requirement of the
Uniform Retired Date Act, the retirement should b effective on 1
September 1995.
e. The Board is aware that the uniform ~etidement 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 further concludes that this Report of Pr
should be filed in Petitioner's naval record so th
reviewers will understand his status in the Retire
RECOMMENDATION:
a. That Petitioner's naval record be corrected to1 show that he
transferred to the Retired Reserve in the grade of MGYSGT
effective on 1 September 1995 vice the discharge of 15 September
1995 now of record.
b. That this Report of Proceedings be filed in Pe
naval record.
4 . It is certified that a quorum was present at t h e 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.
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ROBERT D. ZSALMAN
Recorder
ALAN E. GOL SMITH
Acting Recorder
5. Pursuant to the delegation of authority set ou : in Section
6(e) of the revised Procedures of the Board for C'orrection 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
behalf of the Secretary of the Navy.
Board on
Executive D
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