DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 1204-09
5 March 2009
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW — RECORD OF 5x gg TSS
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 and
to the Retired List vice being discharged on 6 July 1991.
2. The Board, consisting of Mr.3p Mr. Q@iwend Mr.
mune eviewed Petitioner's allegations of error and
injustice on 3 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
Eollows:
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 reenlisted in the Marine Corps Reserve on 7
July 1987 for four years. On 1 December 1988 he was promoted to
sergeant major (SgtMaj; paygrade E-9). At the end of his
anniversary year on 6 December 1989, he was credited with 22
consecutive qualifying years for reserve retirement purposes.
Early in 1990 he transferred to the Individual Ready Reserve and
earned no further qualifying years. However, during 1991 he was
recalled to active duty for a period of 36 days. He was then
yonorably discharged at the expiration of his enlistment on 6
July 1991.
d. It is clear that since Petitioner did not earn any
qualifying years after 6 December 1989 that he did not complete
the required two qualifying years after being promoted to retire
in the grade of SgtMaj and he must be retired in the grade of
first sergeant (lstSgt; paygrade E-8).
e. 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 an enlistment expired prior
to a request for transfer to the Retired Reserve.
f. 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
show that he transferred to the Retired Reserve in the grade of
lstSgt. Given the requirements of the Uniform Retirement Date
Act, the retirement should be effective on 1 July 1991 vice the
discharge of 6 July 1991 now of record. Since he is now 60 years
old, the record should be further corrected to show that he
transferred to the Retired List on 29 October 2008, his 60th
birthday.
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 July 1991 in
the grade of 1lstSgt vice the discharge of 6 July 1991 now of
record. His record should then be corrected to show that he
transferred to the Retired List on 29 October 2008, his 60th
birthday.
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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