Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 12316-08
Original file (12316-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
TRG

WASHINGTON DC 20370-5100
Docket No: 12316-08

13 February 2009

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD OF 3

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 member of the Marine Corps Reserve, filed an application
with this Board requesting, in effect, that her record be
corrected to show that she transferred to the Retired Reserve

vice being discharged on 2 March 2007.

2. The Board, consisting of Mr. OW vc. SM anc vw. So

reviewed Petitioner's allegations of error and injustice on 10
February 2009 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 in a timely manner.

c. On 15 November 2005 Petitioner was issued a Notification
of Eligibility for Retired Pay at age 60. On 1 September 2006
she was promoted to master sergeant (MSgt; paygrade E-8). On 15
November 2006 she transferred to the Individual Ready Reserve and
remained in that status until she was honorably discharged on 2
March 2007 at the expiration of her enlistment. She was born in
1965 and will not be age 60 until 2025.

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 his or her enlistment
expired without a request to transfer to the Retired Reserve.
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. She was in good standing in the Marine Corps Reserve and
would have been retired if she had requested it in sufficient
time prior to the expiration of her enlistment. Therefore, given
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 March 2007 vice the discharge

of 2 March 2007 now of record.

Concerning the issue of Petitioner's grade on retirement it
appears that she should be retired in the grade of gunnery
sergeant (GySgt; paygrade E-7) since she did not complete the
required two qualifying years after being promoted. However, the
decision as to the grade on retirement may be determined by

Headquarters Marine Corps.

The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand her status in the Retired Reserve.

RECOMMENDATION:

a. That Petitioner's record be corrected to show that she
transferred to the Retired Reserve effective on 1 March 2007 in
the grade of GySgt, or higher grade if warranted, vice the
discharge of 2 March 2007 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.

\s .
W. DEAN P

Executive Di r

Similar Decisions

  • NAVY | BCNR | CY2009 | 00787-09

    Original file (00787-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 787-09 9 June 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy . , ge Ref: (a) Tatle 10 U.S.C. Encl: (1) Case Summary (2) Subject's naval record 1.

  • NAVY | BCNR | CY2009 | 01955-09

    Original file (01955-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket Neo: 1955-03 8 April 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF@jiqR oe 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. However, the Board is awarc that...

  • NAVY | BCNR | CY2007 | 01969-07

    Original file (01969-07.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the 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. However, the Board is aware that Headquarters Marine Corps has routinely recommended corrective action when an individual is qualified for reserve retirement and there is no explanation in the record why the individual was discharged...

  • NAVY | BCNR | CY2008 | 08098-08

    Original file (08098-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 8098-08 4 January 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj EVIEW OF NAVAL RI 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 the...

  • NAVY | BCNR | CY2009 | 04197-09

    Original file (04197-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DG 20370-s100D0cket No: 4197-09 4 June 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF 3 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 Reserve, filed an application wath this Board requesting, in effect,...

  • NAVY | BCNR | CY2002 | 07644-02

    Original file (07644-02.pdf) Auto-classification: Approved

    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 in the Marine Corps Reserve, filed an application with this Board requesting that her record be corrected to show that she transferred to the Retired Reserve vice being discharged on 18 February 2000. Pauling, reviewed Petitioner's allegations of error and injustice on 1 October 2002 and, pursuant to its regulations, determined that...

  • NAVY | BCNR | CY2009 | 03674-09

    Original file (03674-09.pdf) Auto-classification: Approved

    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 transferred to the Retired Reserve vice being discharged on 6 October 2008. However, the Board is aware that Headquarters Marine Corps has routinely recommended corrective.action when an individual is qualified for reserve retirement and is discharged and not transferred to the...

  • NAVY | BCNR | CY2007 | 01693-07

    Original file (01693-07.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-51 oFRG Docket No: 1693-07 20 July 2007 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: | REVIEW OF NAVAL. RECORD OF

  • NAVY | BCNR | CY2008 | 08021-08

    Original file (08021-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 . TRG Docket No: 8021-08 6 May 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) Title 10 U.S.C. 1552 Encl: (1} Case Summary (2) Subject's naval record 1.

  • NAVY | BCNR | CY2008 | 05444-08

    Original file (05444-08.pdf) Auto-classification: Approved

    Petitioner, a , filed an application that his record be 2. That Petitioner record be corrected to show that he transferred to the Retired Reserve effective on 1 August 2004, in the grade of GySgt vice the discharge of 13 August 2004 now of record. c. That this Report of Proceedings be filed in Petitioner's naval record.