DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100Docket No: 3674-09
8 May 2009
From:. Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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 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.
2. The Board, consisting of Mr <72OGRIE Ms. oe and.Ms.
“reviewed Petitioner's allegations of error and
injustice on 28 April 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. Petitioner reenlisted in the Marine Corps Reserve on 7
October 2005 for three years in the grade of gunnery sergeant
(GySgt; E-7). The record shows that he had been a GySqt since
1 January 1998, On 27 March 2007 he was issued a Notification of
Eligibility for Retired Pay at Age 60. He was honorably
discharged on 6 October 2008.
b. 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 is discharged and not
transferred to the Retired Reserve.
c. 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 Petitioner's record should be corrected to show
that he transferred to the Retired Reserve in the grade of GySgt.
Given the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 October 2008.
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 October 2008,
in the grade of GySgt vice the discharge of 6 October 2008 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.
Goon) anya
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.
TER OD Tha
| FOL W. DEAN PFEIFFER
Executive Director
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