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NAVY | BCNR | CY2007 | 03595-07
Original file (03595-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
ROARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                                                       WASHINGTON DC
                                                              
                                                                                          TRG
          Docket No: 3595-07
                                                                                           3 July 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj              REVIEW OF NAVAL RECORD

Ref:    (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2)      Subjects naval record
1.       Pursuant to the provisions of reference (a), Petitioner a former commissioned 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 with eligibility for retired pay at age 60 vice the discharge with separation pay now of record.
2.       The Board, consisting of Mr. Mr. and Mr. reviewed Petitioner’s allegations of error and injustice on 26 June 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.       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 consider the application on its merits.
c.       Petitioner’s reserve unit was deactivated on 1 August 1994. At that time he had 14 years of qualifying service, but had already earned enough retirement points to complete his 15th qualifying year at the end of his anniversary year on 29 December 1994. Instead of recommending Petitioner for an early retirement, his unit recommended him for Reserve Involuntary Separation Pay, based on 14 years of qualifying service. He completed his 15th qualifying year on 29 December 1994, which was
 less than a year after his unit deactivated. According to a
Career Retirement Credit Report provided by Headquarters Marine
Corps (HQMC), he then remained a member of the Individual Ready
Reserve until he was honorably discharged on 1 January 1999.
d.       Under the provisions of the early retirement authority, in effect during the period 1 October 1991 to 31 December 2001, a Marine whose unit was deactivated would have been eligible for early retirement awaiting pay at age 60 if the member had earned 15 years of qualifying service, within one year after the deactivation.
e.       Attached to enclosure (1) is an advisory opinion from HQMC which sets forth the facts of the case. The advisory opinion recommends that Petitioner’s record be corrected to show that he transferred to the Retired Reserve effective on 1 January 1999 with eligibility for retired pay at age 60 with 15 years of service under the provisions of the early retirement authority.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants partial favorable action. It is clear that Petitioner met the requirements for early retirement and he received poor advice when he elected to take involuntary separation pay. Therefore, the Board agrees with the recommendation made by HQMC that Petitioner’s record be corrected to show that he transferred to the Retired Reserve in the grade of major under the provisions of the early retirement authority with eligibility for retired pay at age 60 effective on 1 January 1999, vice the discharge of that date or any other date 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 effective on 1 January 1999 with eligibility for retired pay at age 60 vice being discharged.
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


2


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 Regulations, Section 7 23.6(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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