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
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