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NAVY | BCNR | CY2005 | 06316-05
Original file (06316-05.rtf) Auto-classification: Approved
                                             DEPARTMENT OF THE NAVY
                                              BOARD FOR CORRECTION OF NAVAL RECORDS
                                     2 NAVY ANNEX
 WASHINGTON DC 20370-5100



                                                       TRG
                            Docket No: 0 6316-05
                                              August 2005


From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
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 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 Ms.*1L and Ms. , reviewed Petitioner’s allegations of error and injustice on 23 August 2005 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.       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 limitations and review the application on its merits.
c.       Petitioner reported for extended active duty on 22 February 1996. On 21 May 1999 he reenlisted in the Marine Corps Reserve for three years in the grade of master sergeant (MSGT; E-8), and continued to serve on active duty. He was released from active duty on 1 March 2001. However, his career retirement credit record (CRCR) and chronological record show that he was discharged on that date. The CRCR shows that on 1 March 2001 he had completed 24 years, 8 months and 6 days of qualifying service for reserve retirement.
d.       In 2003 Petitioner applied to Headquarters Marine Corps for the issuance of a DD Form 214 for the period ending 1 March 2001. On 8 August 2003 a DD Form 214 was issued showing that he was released from active duty on 1 March 2001.
e.       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 errors occurred that prevented retirement.
f.       The Board is aware that the Uniform Retirement Date Act, 5 U.S.C. 8301 requires that the effective date of any retirement be the first day of the month.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Since Petitioner was a reservist on active duty and still had time remaining on his enlistment contract, it is clear that the record erroneously shows that Petitioner was discharged on 1 March 2001. Therefore, Petitioner’s record should be corrected wherever necessary to show that he was released from active duty and transferred to the Individual Ready Reserve (IRR) on 1 March 2001, vice being discharged on that date.
Petitioner was in good standing in the Marine Corps Reserve and would have been retired if he had requested it. Given the circumstances, the Board concludes that Petitioner’s record should be corrected to show that he transferred to the Retired Reserve in the grade of MSGT. Given the requirements of the Uniform Retirement Date Act the retirement should be effective on the last possible date prior to the expiration of his enlistment, which is 1 May 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 his status in the Retired Reserve.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected wherever necessary to show that he was released from active duty on 1 March 2001 vice being discharged on that date.
b. That Petitioner’s record be further corrected to show that he transferred to the Retired Reserve on 1 May 2002 in the grade of
MSGT.


2
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
         

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