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NAVY | BCNR | CY2006 | 06691-06
Original file (06691-06.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  WASHINGTON DC 2O37O - 5l 00
2 NAVY ANNEX

                  TRG
         Docket No: 6691-06
         30 November 2006

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj:    RE      


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 Naval Reserve, filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve and to the Retired List, vice being discharged.
2. The Board, consisting of Mr.  Mr. and Ms. reviewed Petitioner’s allegations of error and injustice
 on 28 November 2006 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 completed 20 consecutive years of qualifying service on 7 May 1986 and was subsequently issued a Notification of Eligibility for Retired Pay at age 60. During his service, he was promoted to lieutenant colonel (LTCOL; 0-5). On 16 November 1990, Petitioner was informed that since he had twice failed of selection to colonel, he must be separated from an active status on 30 June 1994 upon completion of 26 years of commissioned service. The next entry in the record shows that he was honorably discharged on 30 June 1994. He became 60 years of age on 26 July 2006.
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 the individual was discharged and not retired.
e.       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. Petitioner was in good standing in the Marine Corps Reserve and would have been retired if he had requested it prior to his mandatory discharge. Therefore, the Board concludes that Petitioner should be transferred to the Retired Reserve in the grade of LTCOL. Given the requirements of the Uniform Retired Date Act, the retirement should be effective on 1 July 1994 vice the discharge of 30 June 1994 now of record. Since he is now 60 year of age, the record should be further corrected to show that he transferred to the Retired List on 26 July 2006, his 60th birthday.

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.

 RECO M MENDAT ION:
a. That Petitioner’s naval record be corrected to show that he transferred to the Retired Reserve in the grade of LTCOL effective on 1 July 1994 vice the discharge of 30 June 1994 now of record.

b. That the record be further corrected to show that Petitioner transferred to the Retired List effective on 26 July 2006 his 60th birthday.

c. 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 . 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.


















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