DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
c 20370-510bRG
WASHINGTON D Docket No: 1969-07
5 April 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD O vassal
Ref: (a) Title 10 U.S.C. 1552
Encl: (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. —iiiw. Mr. kand Ms.
Ma. reviewed Petitioner's allegations of error and
injustice on 27 March 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 ina timely manner.
c. Petitioner reenlisted in the Marine Corps Reserve for
four years on 15 October 2001 in the grade of gunnery sergeant
(GYSGT; E-7). He subsequently extended that enlistment for three
months. On 18 May 2004 he was issued a Notification of
Eligibility for Retired Pay at Age 60. He transferred to the
Individual Ready Reserve (IRR) on 24 July 2005 and was then
honorably discharged on 13 January 2006 at the expiration of his
enlistment as extended.
b. 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.
c. 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. He was in good standing in the Marine Corps Reserve and
would have been retired if he had requested it 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
Retirement Date Act, the retirement should be effective on 1
January 2006, vice the discharge of 13 January 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.
RECOMMENDATION:
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 January 2006 vice the discharge of 13 January
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.
ROBERT D. ZSALMAN Ko LEE
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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