DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 2877-08
6 April 2008
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subj: REVIEW NAVAL RECORD OF ‘gl
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 member of the Marine Corps Reserve, filed an application
with this Board requesting that her record be corrected to show,
in effect, that she has status in the Marine Corps Reserve so
that she can request reenlistment or retirement.
2. The Board, consisting of Mr. gM Mr. MR: and Ms.
reviewed Petitioner's allegations of error and injustice on 17
March 2009 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 was promoted to master gunnery sergeant
(MGySgt, paygrade E-9) on 1 July 2003. She was required to earn
two qualifying years in grade to be able to retire in that grade.
She reenlisted in the Marine Corps Reserve on 2 December 2003 for
three years. At the end of her anniversary year on 29 April 2005
she completed 22 consecutive years of qualifying service for
reserve retirement purposes. She apparently transferred to the
Individual Reserve at that time and has no further qualifying
years. Therefore, she only has about 22 months of qualifying
service as a MGySgt.
qd. Heacdduarters Marine Corps (HOMC) hag _informed Lhe Board
that about the time of the expiration of her enlistment on
1 December 2006 she inquired about reenlistment. At that time,
she was sent a three month extension to allow submission of a
reenlistment request, which she signed. The record shows that
she was honorably discharged on 2 March 2008 at the expiration of
her enlistment as extended. However, according to HQMC she did
not submit the reenlistment request until 12 March 2008 which was
after the expiration of her enlistment as extended.
e. Attached to enclosure (1) is an advisory opinion from
HQMC which states, in part, as follows:
..-Marines who have broken service must have less than
20 years of qualifying service to be eligible for
reenlistment in the Marine Corps Reserve. Therefore,
Headquarters recommends [her] request to reenlist in
the IRR be denied. However, we do recommend that [she]
request retirement, as a former member...
£f. The Board has routinely corrected records to show
transfer to the Retired Reserve of those individuals who were
discharged at the expiration of their enlistments after they
qualified for reserve retirement.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. It is clear that she served in an outstanding manner for
many years Since she was promoted to MGySgt. Although she has
not provided an explanation for the delay in submitting her
reenlistment request, the Board believes that she should be given
an opportunity to request reenlistment or retirement through the
normal process since she may be unaware that she needs additional
qualifying service to retire as a MGySgt.
Therefore, the Board concludes that Petitioner's record should be
corrected to show that she extended her enlistment which expired
on 1 March 2007 for an additional period of 30 months. This
means that she will have sufficient time prior to the expiration
of her extension on 1 September 2009 to earn additional
retirement points to retire as a MGySgt and request reenlistment
and/or retirement.
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 her
status in the Marine Corps Reserve.
RECOMMENDATION:
a. That Petitioner's record be corrected to show that a 30 month
extension of her reserve enlistment became effective on 2 March
2007.
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 \ 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.
aes
W. DEAN PF!
Executive Di
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