DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION
2
NAVY
OFNAVAL RECORDS
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
29 October 2003
8117-03
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(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 enlistment 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. Agresti, Mr. Neuschafer and Mr.
McBride, reviewed Petitioner's allegations of error and injustice
on 28 October 2003 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,
Documentary material considered by
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,
administrative remedies available under existing law and
regulations within the Department of the Navy.
Petitioner exhausted all
b.
Petitioner's application was filed in a timely manner.
Petitioner reenlisted in the Marine Corps Reserve on 7
y698 in the grade of gunnery sergeant (GYSGT; E-7). He
June
completed 20 years of qualifying service for reserve retirement.
He was honorably discharged on 12 August 2003 at the expiration
of his enlistment, as extended,
Freedom.
in support of Operation Iraqi
d.
The Board did not request an advisory opinion in this
case.
However, the Board is aware that Headquarters Marine Corps
has routinely recommended corrective action when an individual is
qualified for reserve retirement and there is no explanation in
the record why he was discharged and not retired.
The Board is aware that the Uniform Retirement Date Act,
8301 requires that the effective date of any retirement
u.sec.
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.
Therefore, the Board concludes that Petitioner
should be transferred to the Retired Reserve in the grade of
GYSGT.
Act, the retirement should be effective on 1 August 2003 vice the
discharge of 21 August 2003 now of record.
Given the requirements of the Uniform Retirement Date
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 August 2003
vice the discharge of 21 August 2003 now of record.
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,
complete record of the Board's
matter.
and that the foregoing is a true and
proceedings-in the above entitled
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
2
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