DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7310-06
29 September 2006
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
are
Subj: REVIEW OF NAVAL RECORD OF SQRiRRaNaMlltti
Ref: (a) Bitbe 10 0.6.€. 1552
Encl: (1) Case Summary
(2) Subject 's navai préecurd
i. 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 vice being discharged.
2. The Board, consisting 0 fagygagphieseieed
: , reviewed Petitioner's allegations of error and
injustice on 26 September 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 reenlisted in the Marine Corps Reserve on 8
May 1989 for six years. On 1 January 1991 he was promoted to
Master gunnery sergeant (MGYSGT; E-9). At the end of his
anniversary year on 1 December 1993, he completed 16 consecutive
qualifying years for reserve retirement purposes and 21 years of
total qualifying service. On 9 December 1993, he transferred to
the Individual Ready Reserve. The next entry in the record shows
that he was honorably discharged at the expiration of his
enlistment on 7 May 1995.
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,
9 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
retirement or his request had been properly processed.
Therefore, the Board concludes that Petitioner should be
transferred to the Retired Reserve in the grade of MGYSGT. Given
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 May 1995 vice the discharge
of 7 May 1995 now of record.
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 to show that he
transferred to the Retired List effective on 1 May 1995 in the
grade of MGYSGT vice the discharge of 7 May 1995 now of record.
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
a
matter. me
a ae a ce
“ a“ Oe
eee a a
LO Le : nT es C
fo ae
ROBERT D. ZSALMAN “-—“DLAN 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.
Wed
W. DEAN PFE
Executive Dir
NAVY | BCNR | CY2003 | 02600-03
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. 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...
NAVY | BCNR | CY1998 | 06553-98
Since Petitioner was in good standing in the Marine Corps Reserve and would have been retired if he requested it prior to discharge, the Board concludes that his record should be corrected to show that he transferred to the Retired Reserve in the grade of MGYSGT. 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. That Petitioner's naval record be corrected...
NAVY | BCNR | CY2001 | 06289-01
1552 (1) Case Summary (2) Subject's naval record ._ Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States 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 21 January 1995. concludes that he should be transferred to the Retired Reserve in If he has evidence that he actually the grade of then HQMC can correct the...
NAVY | BCNR | CY2002 | 02778-02
1552 Encl: (1) Case Summary (2) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. 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 19 January 1998. has routinely recommended corrective action in similar cases when an individual is qualified for reserve retirement and there is no explanation in the record...
NAVY | BCNR | CY2001 | 01596-01
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 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 6 June 1996. Morgan, reviewed Petitioner's allegations of error and injustice on 10 October 2001 and, pursuant to its regulations, determined that the...
NAVY | BCNR | CY2008 | 10069-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 10069-08 19 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF «gigi Ref: (a) Title 10 U.S.C. At the end of his anniversary year on 18 April 2001 he was only credited with 42 of the 50 retirement points necessary for another qualifying year. Although Petitioner requested that the transfer to the...
NAVY | BCNR | CY2001 | 04078-01
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States 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 March 2000. The Board, consisting of Ms. McCormick, Ms. Wiley and Mr. Leeman, reviewed Petitioner's allegations of error and injustice on 12 June 2001 and, pursuant to its regulations, determined that the corrective...
NAVY | BCNR | CY2001 | 06005-01
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Marine Corps Reserve filed enclosure (1) with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 23 October 1997. The Board, consisting of Mr. Pfeiffer, Mr. Morgan and Mr. 2. reviewed Petitioner's...
NAVY | BCNR | CY2001 | 00880-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 880-01 15 June 2001 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF jijiiiiiiiIiii0asainimimnestes. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Marine Corps Reserve filed an application with this Board requesting that his record be corrected to show that he...
NAVY | BCNR | CY2009 | 08776-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DG 20370-5100 SIN Docket No: 08776-09 22 February 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF 3 Ref: (a) 10 U.S.C. However, the Board is aware that Headquarters Marine Corps has routinely recommended corrective action when an individual is qualified for reserve retirement and was discharged prior to requesting transfer to the Retired...