DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHIN -
SHINGTON DC 20370-5100 mpq
Docket No: 11510-08
29 December 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj
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 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.
2. The Board, consisting of Mr —i—iMiiee Mr. @(qqQMMRR and Ms.
' reviewed Petitioner's allegations of error and
injustice on 16 December 2008 and, pursuant to its regulations,
determined that the corrective action indicated below should he
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 submitted in a timely
manner.
c. Petitioner reenlisted in the Marine Corps Reserve on 18
March 2003 for four years. On 1 September 2006 he was promoted
to gunnery sergeant (GySgt; E-7). A 12 month extension of that
enlistment became effective on 19 March 2007. At the end of his
anniversary year on 19 October 2007 he was credited with 19
consecutive qualifying years for reserve retirement. On 19 March
2008 he was allowed to extend his enlistment for an additional
period of three months to "update prerequisites and to correct
fitness reports in order to reenlist." However, his enlistment
as extended expired on 17 June 2008. Althouch he was credited
with 108 retirement points in the last partial anniversary year
he cannot be credited with a full year because he was discharged
prior to 19 October 2008.
d. The Board did not request an advisory opinion in this
case. However, the Board is aware that Headquarters Marine Corps
has routinely recommended transfer to the Retired Reserve when an
individual is qualified for reserve retirement and errors
occurred which prevented retirement.
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 able to retire if he had extended his
enlistment on 9 March 2008 for eight months instead of three
months now of record. 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 that date now of record. With this extension he will have 20
qualifying years at the end of his anniversary year on 19 October
2008.
The record should then be corrected to show that transferred to
the Retired Reserve in the grade of GySgt. Given the
requirements of the Uniform Retirement Date Act, the retirement
should be effective on 1 November 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 on 9 March
2008 he extended his enlistment for eight months vice the three
month extension now of record.
b. That Petitioner's record be further corrected to show that he
transferred to the Retired Reserve effective on 1 November 2008,
in the grade of GySgt vice the discharge of 17 June 2008 now of
record.
ec. 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 Banoo. oaag 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.
\Woar
W. DEAN PF
Executive Di ryechor
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