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. 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 and
to the Retired List vice being discharged on 16 May 1991.
enables consisting of vr iil: Mr. ggg and ur.
reviewed Petitioner's allegations of error and
injustice on 24 June 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. The record shows that Petitioner was promoted to
sergeant major (SgtMaj; paygrade E-9) on 1 December 1983. On 22
May 1985 he was issued a Notification of Eligibility for Retired
Pay at Age 60. He reenlisted in the Marine Corps Reserve on 17
May 1987 for four years. He subsequently transferred to the
Individual Ready Reserve and remained there until he was
honorably discharged on 16 May 1991. On 14 July 2001, he reached
his 60th birthday.
ad. 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 when an individual is
qualified for reserve retirement and circumstances occurred which
resulted in discharge rather than transfer to the Retired
Reserve.
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
SgtMaj. Given the requirements of the Uniform Retirement Date
Act, the retirement should be effective on 1 May 1991. Since he
is now 60 years old, the record should be further corrected to
show that he transferred to the Retired List on 14 July 2001,
his 60th birthday.
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 May 1991 in the
grade of SgtMaj, vice the discharge of 16 May 1991 now of record.
His record should then be corrected to show that he transferred
to the Retired List on 14 July 2001, 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 \ iw
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.
WwW. W.Oe PFE IPSE
Executive Di t
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