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NAVY | BCNR | CY2007 | 00003-07
Original file (00003-07.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                             WASHINGTON DC 2O370-51OO                                            
                                                               TRG
Docket No: 3-07
 22 January 2007

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW 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 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 Mr. Mr. and Ms. reviewed Petitioner’s allegations of error and injustice on 17 January 2007 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 reenlisted in the Marine Corps Reserve on 31 July 2003 for three years in the grade of gunnery sergeant (GYSGT; E-7). On 20 December 2004 he completed 20 consecutive years of qualifying service for reserve retirement purposes. On 26 June 2005 he reported for extended active duty and served until he was released on 30 September 2005. On 5 October 2005 he reported for another extended period of active duty and served until he was released on 17 July 2006. At that time, he extended his enlistment for three months to allow his retirement request to be processed. However, the retirement request was inadvertently not submitted and he was honorably discharged on 31 October 2006 at the expiration of his enlistment, as extended.
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 errors occurred which resulted in discharge instead of retirement.

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 his requested had been properly submitted prior to the expiration of his enlistment. Therefore, the Board concludes that Petitioner should be transferred to the Retired Reserve in the grade of GYSGT. Given the requirements of the Uniform Retired Date Act, the retirement should be effective on 1 November 2006, vice the discharge of 31 October 2006 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.

RECONMENDAT ION:

a. That Petitioner’s naval record be corrected to show that he transferred to the Retired Reserve in the grade of GYSGT effective on 1 November 2006 vice the discharge of 31 October 2006 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 matter.
R OBERT D. ZSALM.AN       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.


ROBERT D Z SALMAN
 Acting Executive Director









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