DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 412-09
26 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF Stl
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 his record be
corrected to show that he transferred to the Retired Reserve
vice being discharged on 10 April 1994.
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2. The Board, consisting of vr aI = seas: ‘
reviewed Petitioner's allegations of error andad™imjustice on 17
March 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. 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.
G. Petitioner was promoted to master sergeant (MSgt;
paygrade E-8) on 1 January 1992. On 11 April 1992 he reenlisted
in the Marine Corps Reserve for two years. At the end of his
anniversary year on 13 June 1992 he was credited with 19 years of
qualifying service. On 7 March 1993 he transferred to the
Individual Ready Reserve (IRR). The record shows that at the end
of his anniversary year on 12 June 1993 he was credited with 56
retirement points which is sufficient to make that year
qualifying and he then had 20 qualifying years. He was honorably
discharged on 10 April 1994 at the expiration of his enlistment.
Petitioner will not be eligible for pay at age 60 until 20 July
2014.
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 the individual was
discharged while in the IRR.
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 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 be
corrected to 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 April 1994 vice the discharge of 10 April 1994 now of record.
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 April 1994, in
the grade of MSgt, vice the discharge of 10 April 1994 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.
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W. DEAN PFETE
Executive Dik
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