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NAVY | BCNR | CY2006 | 08124-06
Original file (08124-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOP CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                             SMW
                                    Docket No: 8124-06
                                                                                  16 October 2006


 From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF FORMER
        
         Ref: (a) 10      U.S.C 1152
         
         Encl     (1) Case Summary
                  (2) Subject’s naval record



1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Marine Corps Reserve, applied to this Board requesting that his record be corrected to show that he transferred to the Retired Reserve and subsequently placed on the Retired List vice being discharged on 10 January 1994.
2.       The Board, consisting of Mr. reviewed Petitioner’s allegations of error and injustice on 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.       Enclosure (1) was filed in a timely manner.
c.       On 3 March 1973 Petitioner reenlisted in the Marine Corps Reserve after a prior period of service. He maintained Marine Corps Reserve affiliation and was promoted to first sergeant
 (1STSGT; E-8) on
d.       On XXXXX a letter from Headquarters Marine Corps notified Petitioner that he had completed 20 years of satisfactory service and was eligible for reserve retirement.

e.       Petitioner reenlisted in the Marine Corps Reserve or two years, and transferred to the Individual Ready Reserve (IRR) on that same date.
                  f.       On XXXXX a letter from the Marine Corps Reserve Support Command notified Petitioner that his enlistment contract would expire on XXXX and he was eligible to reenlist.


g.       Petitioner’s enlistment contract expired on XXXXX at which time he was honorably discharged. He became 60 years of age on XXXXXX.
h.       A Career Retirement Credit Report of XXXX verified that Petitioner had completed 20 years of qualifying service.
i.       Petitioner states that he was led to believe that he was still in the “system” and would receive a retirement package at age 60. Petitioner now requests that the records be corrected to show that he applied for retirement before his last contract expired and began receiving retirement benefits at age 60.
j.        The Board did not request an advisory opinion in this case. However, the Board is aware that Headquarters Marine Corps has routinely recommended administrative 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.
k.       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. Specifically, on 17 September 1991 Petitioner was notified by Headquarters Marine Corps that he had 20 years of satisfactory service and was eligible to apply for retirement. However, Petitioner reenlisted for two year and the Marine Corps Reserve Support Command letter of XXXX only stated that his enlistment contract would expire and he was eligible for reenlistment. Therefore, the Board concludes that Petitioner’s record should be corrected to show that he transferred to the Retired Reserve in the grade of 1STSGT. Given the requirements of the Uniform Retirement Act, the retirement should be effective on      vice the discharge of now of record. The record should be further corrected to show that he transferred to the Retired List on XXXX 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 on the Retired List.

RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected to show he was transferred to the Retired Reserve effective in the grade of 1STSGT, vice being discharged on and that he was transferred to the Retired Lisr,

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 Regulation, 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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