Search Decisions

Decision Text

NAVY | BCNR | CY2004 | 02857-04
Original file (02857-04.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100
                                                                                         
                                                                                          TRG
          Docket No: 2857-04
 29 June 2004
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj: RECORD OF

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Naval Reserve, filed an application with this Board requesting, in effect, that her discharge from the Marine Corps or Marine Corps Reserve be implemented to validate her commission in the Naval Reserve.
2. The Board, consisting of Mr   , Mr and Mr. In reviewed Petitioner’s allegations of error and injustice on 22 June 2004 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 Petitioners 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.       Petitioner’s application was filed in a timely manner.
c.       Petitioner was released from active duty on 30 June 2002 in the grade of captain (CAPT; 0-3). At that time, she had completed 5 years, 1month and 6 days of active duty. Prior to her release, she had been accepted for the 13. 5. Navy Health Professions Scholarship Program for training as a dental officer. Therefore, on 1 July 2002 she accepted a commission as an ensign in the Naval Reserve.
d.       Apparently the Marine Corps was unaware of her commission in the Naval Reserve and did not discharge her from the Marine Corps Reserve. On 6 February 2004, Petitioner was informed by Headquarters Marine Corps that her commission in the Naval Reserve was considered to be invalid because she had not received prior approval for discharge from the Marine Corps. Further, she was prohibited from transferring directly from a Regular Component to a reserve component in another service. She was informed to apply to this Board for a correction of her record.



e.       Attached to enclosure (1) is an advisory opinion from HQMC stating, in part, as follows:
Recommend that (Petitioner’s) record be corrected to show that her obligated service until 24 May 2005 was waived and she was granted a conditional release from the United States Marine Corps Reserve. Recommend that her record be further corrected to show that she was discharged from the United States Marine Corps Reserve on 30 June 2002 the day before her appointment in the United States Naval Reserve.
f.       Petitioner’s DD Form 214 issued on 30 June 2002 indicates that she is a Regular officer. Further the 6 February 2004 letter from HQMC suggests that she was a Regular officer. However, the advisory opinion states that she was a Reserve officer. It may be that she was discharged from the Regular Marine Corps on 30 June 2002 and accepted a reserve commission in the Marine Corps Reserve effective the next day. Her record is incomplete and the issue of the correct component cannot be resolved without further research.
g.       Petitioner incurred an eight year military obligation when she entered the Marine Corps on 24 May 1987, and she only served 5 years, 1 month and 6 days in the Marine Corps. However, as indicated she has been commissioned in the Naval Reserve and will complete her eight year military obligation. Although Petitioner did not receive approval for discharge, the Board is aware that it is illegal for an individual to be serving in two military components at the same time.
                  CONCLUSION:

 Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Given the circumstances of this case, the Board concludes that the best way to resolve this situation is to correct the record to show that she was honorably discharged from the Marine Corps or the Marine Corps Reserve on 30 June 2002. With this correction, the record will then show that she had no status in the Marine Corps when she was commissioned in the Naval Reserve on 1 July 2002.
The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand why she was discharged prior to the completion of her eight year military obligation.
RECOMM ENDATION:
a. That Petitioner’s naval record be corrected to show that she was discharged from the Marine Corps or Marine Corps Reserve on 30 June 2002.

b. That this Report of Proceedings be filed in Petitioner’s naval record.

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.
ROBERT D. ZSALMAN        ALAN E. GOLDSMITH
 Recorder         Acting Recorder







5. Pursuant to the delegation of authority set out in Section
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.
W. DEAN PFEIFFER
Executive Director















3

Similar Decisions

  • NAVY | BCNR | CY2001 | 05851-01

    Original file (05851-01.pdf) Auto-classification: Approved

    This would require the transfer of 17 retirement points into the anniversary year with 33 retirement points and continuation for an maximum of four years so he can earn the last six or eight years, whichever is required, in the reserve component. Therefore, given his many years of excellent service and the other circumstances of the case, the Board concludes that the record should be corrected to allow him to earn reserve retirement by completing eight years of qualifying service to...

  • NAVY | BCNR | CY2002 | 07738-02

    Original file (07738-02.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. commissioned officer in the Marine Corps Reserve filed an application with this Board requesting that nine retirement points be moved from the anniversary year ending 10 February 1997 into the anniversary year ending 10 February 1998. With this correction, Petitioner will have 20 qualifying years Since Petitioner can qualify 2 the reserve component at with the last eight of those...

  • NAVY | BCNR | CY2002 | 06073-02

    Original file (06073-02.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. commissioned officer in the Marine Corps Reserve, filed an application with this Board requesting that her record be corrected by transferring retirement points from the excess in a qualifying year into a nonqualifying year so that she may qualify for reserve retirement in the future. A review of the Career Retirement Credit Report (CRCR) shows that...

  • NAVY | BCNR | CY2008 | 01243-08

    Original file (01243-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps Reserve, filed an application with this Board requesting that her record be corrected, in effect, to show that she was not discharged on 13 December 2009 under other than honorable conditions or reduced in grade to of lance corporal (LCpl; E-3), and that she was recommended for reenlistment. The Board, consisting of Mr. ae ve ie and Mr. ii reviewed Petitioner's allegations of error and injustice...

  • NAVY | BCNR | CY2002 | 10443-02

    Original file (10443-02.pdf) Auto-classification: Approved

    In correspondence attached as enclosure (4), the HQMC Career Management Team (CMT), the office having cognizance over the subject matter of Petitioner her failures of selection for promotion, has commented to the effect that this request would warrant approval if the entire fitness report in question were to be removed. Chairperson, Performance Evaluation Review Board Personnel Management Division Manpower and Reserve Affairs Department By direction of the Commandant of the Marine...

  • NAVY | BCNR | CY2001 | 05425-01

    Original file (05425-01.pdf) Auto-classification: Approved

    Records indicate that b. Board for Correction of Naval Records for remedial consideration for promotion. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: a. Petitioner will be given remedial consideration for paygrade E-8 for CY 98 and CY 99 by the Active promotion to Reserve Staff Noncommissioned Officer Selection Board.

  • NAVY | BCNR | CY2001 | 00848-01

    Original file (00848-01.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, the 1. widow of a retired commissioned officer in the Marine Corps Reserve filed an application late husband's record be corrected to show that he became entitled to retired pay at age 60 and made a Survivor Benefit Plan (SBP) election for her. d. In the four anniversary years beginning on 1 July 1949 Subject earned no further qualifying However, in the first...

  • NAVY | BCNR | CY2008 | 06711-08

    Original file (06711-08.pdf) Auto-classification: Approved

    [Petitioner] was involuntarily discharged from the Marine Corps with an honorable characterization of service and has been on continuous active duty since October 1994 until her separation. Accordingly, we recommend that [Petitioner's] request for separation [sic] be denied. Furthermore, the law and regulations allow commanders to recommend separation of commissioned officers without the recommendation of a BOI when they have less than five years of active duty service.

  • NAVY | BCNR | CY2002 | 02198-02

    Original file (02198-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of 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 on 31 December 2001 or any other date. However, the Board is aware that Headquarters Marine Corps has routinely recommended corrective action in similar cases when an individual is qualified for reserve retirement and there is...

  • NAVY | BCNR | CY2003 | 05733-03

    Original file (05733-03.pdf) Auto-classification: Approved

    We defer to BCNR on the issue of Lieutenant Colonel request for the removal of her failure of selection to the grade of Lieutenant Colonel. we furnished her with a copy of the Advisory Opinion Head, performance Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps DEPARTMENT OF THE NAVY I i E A O Q U A R T E R S U N I T E D S T A T E S M A R I N E C O R P S 3280 R U S S E L L R O A D Q U A N T I C O . Per the reference, we reviewed...