Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 10511-07
Original file (10511-07.rtf) Auto-classification: Approved
DEPARTM~ENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TRG
 Docket No:10511-07
 2 April 2008
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) 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, in effect, that his record be corrected to show that the transferred to the Retired Reserve and to the Retired List vice being discharged on 31 July 1987.
2.       The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 25 March 2008 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 served on active duty and in the Marine Corps Reserve continuously from 16 August 1965. On 17 May 1979 he was promoted to master sergeant (MSgt; E-8). On 15 October 1983, he accepted an appointment as a warrant officer. Subsequently, on 1 October 1985 he was commissioned as a chief warrant officer (CWO2). On 28 January 1986 he was issued a Notification of Eligibility for Retired Pay at Age 60 (NOE). The NOE is irrevocable unless it was procured by fraud.
d.       In June of 1986 while on active duty for training, Petitioner severely injured his foot when he stepped in a hole while running. This injury resulted in processing through the disability system. On 7 April 1987 a physical evaluation board found him unfit for duty with a disability rated at 10%. On 17 July 1987, Headquarters Marine Corps directed discharge by reason of physical disability. The message stated that although Petitioner was eligible for retired pay at age 60 he had elected to be discharged with disability severance pay which terminated his entitlement to retired pay and other benefits. Petitioner was honorably discharged on 31 July 1987.
e.       Petitioner became 60 years of age on 24 July 2007 and requested that his reserve retired pay be started. After review, Headquarters Marine Corps (HQMC) directed that Petitioner’s reserve retired pay commence effective on his 60th birthday. However, since he had been discharged he could not be transferred to the Retired List and would be considered to be a former member.
f.       The Board did not request an advisory opinion in this case. However, the Board is aware that HQMC has routinely recommended corrective action when an individual is qualified for reserve retirement and circumstances resulted in discharge rather than retirement.
g.       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 certainly in good standing in the Marine Corps Reserve and could have been retired if discharge by reason of physical disability had not occurred. Given the circumstances, the Board concludes that Petitioner’s record should now be corrected to show that that he transferred to the Retired Reserve. Given the requirements of the Uniform Retirement Date Act, the retirement should be effective on 1 August 1987 vice the discharge of 31 July 1987 now of record. Since he is now 60 years old, the record should be further corrected to show that he transferred to the Retired List on 24 July 2007, his 60th birthday.
Since Petitioner could not continue in the Marine Corps Reserve because of a service connected disability, it appears that the grade upon retirement should be CWO2. However, the issue of his grade on retirement should be made by HQMC.

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 record be corrected to show that he transferred to the Retired Reserve effective on 1 August 1987 vice the discharge of 31 July 1987 now of record. His record should then be corrected to show that he transferred to the Retired List on 24 July 2007, his 60th birthday.
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        BRIAN J. GEORGE
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.






W. DEAN PFEIFFER
Executive Director






Similar Decisions

  • NAVY | BCNR | CY2002 | 06500-02

    Original file (06500-02.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he was credited with three years of reserve service not shown on his statement of service, that he transferred to the Retired Reserve vice being discharged on 9 August 1990, and transferred to the Retired...

  • NAVY | BCNR | CY2002 | 08896-02

    Original file (08896-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Naval Reserve, filed an application with this Board requesting that her record be corrected to allow her to qualify for reserve retirement. Personnel Administrative Division (Pers Command recommends that the record be corrected to show that she reenlisted in the Naval Reserve one year earlier, on 25 June 1986, and that the record be further corrected to show that the additional year is qualifying for...

  • NAVY | BCNR | CY2008 | 05273-08

    Original file (05273-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 5273-08 2 July 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF ‘iil Ref: (a) Title 10 U.s.c. Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred...

  • NAVY | BCNR | CY2008 | 07254-08

    Original file (07254-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the Retired Reserve and to the Retired List vice being discharged on 2 August 1991. ie.» Aime 203 Mr. SQM eviewed Petitioner's allegations of error and injustice on 3 September 2008 and, pursuant to its regulations, determined that the corrective action indicated...

  • NAVY | BCNR | CY2002 | 05817-01

    Original file (05817-01.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States 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 on 2 August 1990. transferred to the Retired Reserve in the grade of the requirements of the Uniform Retirement Date Act, the retirement...

  • NAVY | BCNR | CY2009 | 01204-09

    Original file (01204-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the Retired Reserve and to the Retired List vice being discharged on 6 July 1991. He was then yonorably discharged at the expiration of his enlistment on 6 July 1991. d. It is clear that since Petitioner did not earn any qualifying years after 6 December 1989 that he did...

  • NAVY | BCNR | CY2007 | 10571-07

    Original file (10571-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former me~er of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the Retired Reserve and to the Retired List vice being discharged on 14 February 1987.2. Since he is now 60 years old, the record should be further corrected to show that he transferred to the Retired List on 25 February 2008, his 60th birthday.The Board further concludes...

  • NAVY | BCNR | CY2005 | 03614-05

    Original file (03614-05.rtf) Auto-classification: Approved

    The Board, consisting of Mr., Ms.and Ms. reviewed Petitioner’s allegations of error and injustice on 23 August 2005 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. On 26 October 1988, the Chief of Naval Operations (CNO) directed an honorable discharge by reason of misconduct, but also stated that the discharge should be held in abeyance for 30 days to allow Petitioner to transfer to the Retired...

  • NAVY | BCNR | CY2001 | 01523-01

    Original file (01523-01.pdf) Auto-classification: Approved

    However, the Board has also been provided with a Reserve Retirement Master Control Card which shows that Petitioner has been credited with 19 years, 10 months and 21 days of service for reserve retirement. concludes that the record should be corrected to show that he has 20 years of qualifying service for reserve retirement. further concludes that the best way to accomplish this action is to transfer 35 retirement points from the excess over 50 in Therefore, the Board The...

  • NAVY | BCNR | CY2006 | 08661-06

    Original file (08661-06.rtf) Auto-classification: Approved

    Therefore, the Board concludes that Petitioner should be transferred to the Retired Reserve in the grade of CWO4. 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. 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.