DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1191-08
3 November 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj AVAL RECORD OF!
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
1
(2) HQMC CMT undated memo
3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
member of the Marine Corps Reserve, filed an application with
this Board requesting that his retirement point record be
corrected to show a complete anniversary year vice the partial
anniversary year now of record.
2. The Board, consisting of Mr. Sy Mr. diem and Ms.
reviewed Petitioner's allegations of error and injustice
on 15 October 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. Petitioner's application was submitted in a timely
manner.
c. Petitioner served in the Marine Corps and Marine Corps
Reserve continuously from 14 September 1989. On 3 July 2002 he
reenlisted in the Marine Corps Reserve for three years in the
grade of staff sergeant (SSgt; E-6). At that time he had
completed about 10 years of qualifying service. Subsequently,
during the period from 6 August 2004 to 10 May 2005 he served
overseas in support of Operation Iraqi Freedom and was released
from active duty on 10 May 2005, a period of 9 months and 5 days.
The DD Form 214 shows that he received multiple Air Medals and
earned the Combat Aircrewman Badge. His three year reenlistment
expired on 2 July 2005. He then had to request broken service
reenlistment and was not able to reenlist until 3 January 2006.
d. Petitioner's discharge on 2 July 2005 was prior to the
completion of his anniversary year on 13 September 2005. This
means that he could only be credited with a partial anniversary
year of 9 months and 19 days in a year in which he earned 251
active duty points, during most of which while he was serving in
Iraq.
e. Petitioner states, in effect, that when he returned from
Iraq he applied for reenlistment but his recruiter was unable to
complete reenlistment processing prior to the expiration of his
enlistment.
f£. Enclosure (2) is an advisory opinion from Headquarters
Marine Corps which recommends that based upon the available
evidence that Petitioner's request should be denied.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
despite enclosure (2) the Board concludes that Petitioner's
request warrants favorable action. It is clear that Petitioner
was released from active duty following his tour in Iraq on 10
May 2005 which left only about 55 days until his enlistment
expired. Given the circumstances, the Board believes that there
may not have been sufficient time to process a reenlistment
request. Accordingly, the Board concludes that the record should
be corrected to allow him to be credited with a complete
anniversary year. This action can be accomplished by correcting
the record to show that a three month extension became effective
on 3 July 2005. The record will then show that he was honorably
discharged on 2 October 2005. Therefore, he will have status in -
the Marine Corps past the end of his anniversary year on 13
September 2005.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reasons for the change in the
discharge date and the number of completed qualifying years.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
a three month extension became effective on 3 July 2005 and that
he was honorably discharged on 2 October 2005. The discharge of
2 July 2005 now of record should be cancelled.
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.
Men, HL
ROBERT D. ZSALMAN BRIAN J° GEORGE
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
La Qutdod)/
W. DEAN PFET
Reviewed and approved:
rT
QBS Cs:
W-\4- OG
Robert T. Cali
Assistant General Counsel
Manpower and Reserve Affairs)
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