DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 10069-08
19 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF «gigi
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
retired 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 in
the grade of master gunnery sergeant (MGySgt, paygrade E-9) vice
in the grade of master sergeant (MSgt, paygrade E-8).
2. The Board, consisting of Mr . ae. Mr. S048 and Mr. 7~—_—iii,
reviewed Petitioner's allegations of error and injustice on
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 MGySgt on 1 January 1998. In
order to retire in that grade he was required to complete two
qualifying years in grade. Petitioner's anniversary year ended
on 18 April of each year. Therefore at the end of his
anniversary year on 18 April 1998 he was credited with three
months and 18 days of qualifying service. His next anniversary
year ending on 18 April 1999 was qualifying for retirement. At
that time he was credited with more than 15 months of qualifying
service in grade. Late in the next anniversary year he
transferred to the Individual Ready Reserve (IRR). At the end of
his anniversary year on 18 April 2001 he was only credited with
42 of the 50 retirement points necessary for another qualifying
year. Since there was no change in status during this year, such
as a discharge or retirement, the entire year is considered to be
nonqualifying. Petitioner remained in the IRR and on 1 July 2001
he transferred to the Retired Reserve with eligibility for pay at
age 60. He became age 60 on 12 February 2009 and began receiving
his retired pay in the grade of MSgt.
d. Petitioner states that he thought he had two years in
grade because he participated for two years after his promotion.
He did not realize that the last partial anniversary year would
not be credited without a change in status. He points out that
he would only have needed two additional drill weekends to earn
50 retirement points that year. He now requests that his
retirement date be changed to 1 January 2000. With this change
in status the entire last partial anniversary year would be
credited and he would be retired as a MGySgt.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. The Board believes that if Petitioner had been aware of
the situation that he only needed an additional eight retirement
points he would have either earned those points or retired early
in 2000 instead of remaining in the IRR. Accordingly, the Board
believes that Petitioner's record should be corrected to show
that he transferred to the Retired Reserve early in 2000.
Although Petitioner requested that the transfer to the Retired
Reserve be effective on 1 January 2000, he earned sufficient
point to make all the time in the last anniversary year through 1
February 2000 qualifying for retirement. Therefore, the Board
concludes that Petitioner's record should be corrected to show
that he transferred to the Retired Reserve on 1 February 2000
vice the transfer to the Retired Reserve on 1 July 2001 now of
record. This action will result in a change of his retirement
grade from MSgt to MGySgt.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reasons for the change in his
retirement date.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
transferred to the Retired Reserve effective on 1 February 2000
vice the transfer to the Retired Reserve on 1 July 2001 now of
record.
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. \
W. DEAN P
Fxecutive Di
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