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NAVY | BCNR | CY2008 | 06890-08
Original file (06890-08.pdf) Auto-classification: Approved
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

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