DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 209 70-5 10 GnpG
Docket No: 3880-08
7 May 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: =~ _ RECORD OF 4
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, in effect, that his record be
corrected to show that he transferred to the Retired Reserve vice
being discharged on 9 August 2005.
2. The Board, consisting of Mr. Qe Ms. SMG vs.
reviewed Petitioner's allegations of error and injustice
on 29 April 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 was promoted to staff sergeant (SSgt; E-6) on
1 January 1997. On 10 August 2003 he reenlisted for two years in
the grade of SSgt. On 14 September 2004 he completed 20 years of
qualifying service for reserve retirement. Five days later he
transferred to the Individual Ready Reserve. He was honorably
discharged on 9 August 2005 at the expiration of his enlistment.
d. 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 in similar cases when
an individual is qualified for reserve retirement and an
individual is discharged without requesting transfer to the
Retired Reserve in sufficient time before the expiration of
enlistment.
e. 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 in good standing in the Marine Corps
Reserve and would have been retired if he had requested it in
sufficient time prior to the expiration of his enlistment.
Therefore, the Board concludes that Petitioner's record should
show that he transferred to the Retired Reserve in the grade of
SSgt. Given the requirements of the Uniform Retirement Date Act,
the retirement should be effective on 1 August 2005 vice the
discharge of 9 August 2005 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 record be corrected to show that he
transferred to the Retired Reserve effective on 1 August 2006 in
AAA
the grade of SSgtl vice the discharge of 9 August 2005 now of
record.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
A. 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.
Quon} Arerga
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.
TK aw, Dod
RIFF
BER
Fen W. DEAN PFI
Executive Director
NAVY | BCNR | CY2009 | 05439-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX ' TRG WASHINGTON DC 20370-5100 Douket No: 5439-09 9 June 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OFA 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 to...
NAVY | BCNR | CY2001 | 04298-01
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 4 August 1999. The Board notes that the facts an Therefore, the Board The Board further concludes that this Report of Proceedings should be...
NAVY | BCNR | CY2008 | 06890-08
Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 19 February 2008. 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. d. That this Report of...
NAVY | BCNR | CY2001 | 06373-00
- From: To: Subj: Ref: :Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Naval Reserve filed enclosure (1) with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve in the grade of SSGT (E-6) vice being discharged on 6 July 1981. Since Petitioner became 60 years of age on 15 August 2000, the Therefore, his Since it appears that Petitioner was on active duty at the time of...
NAVY | BCNR | CY2009 | 04197-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DG 20370-s100D0cket No: 4197-09 4 June 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF 3 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 wath this Board requesting, in effect,...
NAVY | BCNR | CY2002 | 04602-02
In the next d. On 8 November 2001, the Board directed that Petitioner's record be corrected to show that he transferred to the Retired Reserve on 1 October 1996 vice being discharged on 9 October 1996. Sufficient retirement points, from He should then be The Board further concludes that this Report of Proceedings should be filed in Petitioner's naval record so that all future reviewers will understand he retired in the grade of GYSGT. RECOMMENDATION: That Petitioner's naval record be...
NAVY | BCNR | CY2001 | 06911-01
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 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 9 October 1996. e. The Board is aware that an individual must earn two qualifying years after being promoted to retire in the higher grade. If he has...
NAVY | BCNR | CY2008 | 01191-08
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. 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. ...
NAVY | BCNR | CY2007 | 00003-07
Therefore, the Board concludes that Petitioner should be transferred to the Retired Reserve in the grade of GYSGT. 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 GYSGT effective on 1 November 2006 vice the discharge of 31 October 2006 now of record.
NAVY | BCNR | CY2005 | 06316-05
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 Ms.*1L 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...