DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6890-08
21 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF (@@anthie
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, 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.
2. The Board, consisting of Mr. 771EeNs, Ms. @0mmweumage and Ms.
WANN eviewed Petitioner's allegations of error and injustice
on 12 August 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 filed ina timely manner.
c. Petitioner was promoted to staff sergeant (SSgt;
paygrade E-6) on 1 February 2002. He reported for a period of
extended active duty on 24 March 2003. On 1 November 2007 he was
issued a Notification of Eligibility (NOE) for Retired Pay at Age
60. Eight days later, he was released from active duty. On 19
February 2008 he was honorably discharged 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 when an individual is
qualified for reserve retirement and an enlistment expired before
transfer to the Retired Reserve could be completed.
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 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. The
Board notes that Petitioner's enlistment expired about 15 weeks
after the NOE was issued. Therefore, the Board concludes that
Petitioner's record should be corrected to 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 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.
RECOMMENDATION:
a. That Petitioner's record be corrected to show that he
transferred to the Retired Reserve effective on 1 February 2008
in the grade of SSgt vice the discharge of 19 February 2008 now
of record.
d. 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.
Daw} Aroaga
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.
Wb Dorg
Executive Dinedthr
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 | CY2008 | 03880-08
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. 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...
NAVY | BCNR | CY2007 | 10511-07
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. Petitioner became 60 years of age on 24 July 2007 and requested that his reserve retired pay be started. That Petitioner’s record be corrected to show that he...
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 | 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 | 10476-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DG 20370-5100 SIN Docket No: 10476-09 3 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. Encl: (1) DD Form 149 with attachments (2) Case Summary (3) Subject's naval record 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps Reserve, filed enclosure (1) with this Board requesting, in effect,...
NAVY | BCNR | CY2010 | 00220-10
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps Reserve, filed enclosure (1) with this Board requesting that his record be _ corrected to show that he was transferred to the Marine Corps Retired Reserve vice discharged on 19 December 2009. In addition, the Board considered the advisory opinion furnished by the Marine Corps Separation and Retirement Branch (MMSR-5) dated 8 March 2010, a copy of which is attached with enclosure (1). ...
NAVY | BCNR | CY2008 | 11510-08
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he qualified for reserve retirement and transferred to the Retired Reserve vice being discharged on 17 June 2008. Therefore, the Board concludes that Petitioner's record should show that on 9 March 2008 he extended his enlistment for eight months vice the three months extension on...
NAVY | BCNR | CY2008 | 05241-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 5241-08 2 July 2008 ' From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OReiiSQiil . 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...
NAVY | BCNR | CY2010 | 00745-10
DPEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN . Docket No: 000745-10 29 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy A Subj: REVIEW OF NAVAL RECORD OF 4 Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record i. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed enclosure (1) with...