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NAVY | BCNR | CY2006 | 08661-06
Original file (08661-06.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2o37o-51oo
                                                               TRG
Docket No: 8661-06
22 January 2006

From: Chairman, Board for Correction of Naval Records
 To: Secretary of the Navy
Subj:    REVIEW OF NAVAL 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 former commissioned warrant officer 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 and to the Retired List vice being discharged.
         
         2.       Board, consisting of Mr.         Mr. reviewed Petitioner’s allegations of error and injustice on
         11 January 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.       Petitioner’s application was filed in a timely manner.
c.       Petitioner enlisted in the Marine Corps Reserve on 17 July 1969. He then earned 22 consecutive qualifying years for reserve retirement purposes. After 16 July 1991, he transferred to the Individual Ready Reserve and earned no further qualifying years. During his service, he was promoted to Chief Warrant Officer 4 (CWO4). He was honorably discharged on 31 December 1996. Since he has over 20 years of qualifying service, he is eligible for retired pay as a former member on his 60th birthday, which was 18 November 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.
h.       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 discharge. Therefore, the Board concludes that Petitioner should be transferred to the Retired Reserve in the grade of CWO4. Given the requirements of the Uniform Retired Date Act, the retirement should be effective on 1 January 1997 vice the discharge on 31 December 1996 now of record. Since he is now 60 years old, the record should be further corrected to show that he was transferred to the Retired List on 18 November 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.

RECOMt4ENDATION:

a. That Petitioner’s naval record be corrected to show that he transferred to the Retired Reserve in the grade of CWO4 effective on 1 January 1997, vice the discharge of 31 December 1996 now of record.

b. That Petitioner’s naval record be further corrected to show that he was transferred to the Retired List on 18 November 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 E. GOLD SMITH
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.


ROBERT D. Z SALMAN
Acting Executive Director










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