DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 MRG
Docket No: 7254-08
29 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
CORD OF
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 enlisted member in 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 2 August
1991.
ie.» Aime 203
Mr. SQM eviewed Petitioner's allegations of error and
injustice on 3 September 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.
2. The Board, consisting of vr.
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 Reenlisted in the Marine Corps Reserve on 3
August 1987 for four years in the grade of master sergeant (MSGT;
E-~8). On 29 October 1987 he was issued a Notification of
Eligibility for Retired Pay at Age 60. He was honorably
discharged on 2 August 1991 at the expiration of his enlistment.
He became 60 years of age on 9 April 2008.
c. 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 errors occurred which
resulted in discharge rather than retirement.
a. 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
MSGT. Given the requirements of the Uniform Retirement Date Act,
the retirement should be effective on 1 August 1991 vice the
discharge of 2 August 1991 now of record. Since he is now 60
years old, the record should be further corrected to show that he
transferred to the Retired List on 9 April 2008, 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 August 1991,
in the grade of MSGT vice the discharge of 2 August 1991 now of
record. His record should then be corrected to show that he
transferred to the Retired List on 9 April 2008, 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. 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.
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