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. 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 15 August 2007.
2. The Board, consisting of Mr. see Mr. RR and Ms.
WOR reviewed Petitioner's allegations of error and injustice
on 31 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.
c. Petitioner reenlisted in the Marine Corps Reserve on 16
May 2001 for six years and apparently extended that enlistment
for three months. On 1 June 2005 he was promoted to gunnery
sergeant (GySgt; paygrade E-7). At the end of his anniversary
year on 11 June 2007 he was credited with 20 consecutive
qualifying years for reserve retirement purposes. The record
shows that he was honorably discha:ged on 15 August 2007 at the
expiration of his enlistment as extended.
d. ‘The Board did not reyuest an advisory opinion in this
case. However, the Board is awarc that Headquarters Maxine Corps
has routinely recommended corrective action when an individual is
qualified for reserve retirement and he/she was discharged prior
to requesting 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. He 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 his record should be corrected to show that he
transferred to the Retired Reserve in the grade of GySgt.
Petitioner's last anniversary year began on l2 June 2007 and he
was discharged on 15 August 2007. During this period he was
credited with 11 paid drills. Since application of the Uniform
Retirement Date Act would require retirement on the first of
August he would lose any paid drills he earned after that date.
Therefore, the Board concludes that his record should be
corrected to show that his reenlistment of 16 May 2001 was
extended for an additional period of one month. The record
should then be corrected to show that he transferred to the
Retired Reserve effective on 1 September 2007.
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 naval record be corrected to show that he
extended his reenlistment of 16 May 2001 for an additional period
of one month.
b. That Petitioner's record be further corrected to show that he
transferred to the Retired Reserve effective on 1 September 2007,
in the grade of GySgt vice the discharge of 15 August 2007 now of
record.
c. 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.
BRIAN Seven
ROBERT D. ZSALMAN 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.
We DEAN PFET
Executive Di
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