DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL Repo
2 NAVY ANNEX
WASHINGTON Dc 20370-s100D0cket No: 5066-09
4 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj AVAL RECORD Oni
Ref: fa) 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 commissioned officer in 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 30 June
1995.
Se aaa a tia.
2. The Board, consisting of Mm ee rr oe a
reviewed Petitioner's allegations of error and injustice on
2 June 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 was commissioned on 13 August 1971 with prior
enlisted service. He was promoted to major (maj; 0-4) on 1
October 1985. At the end of his anniversary~year'on 7 January
1994 he was credited with 23 years of qualifying service for
reserve retirement. He was honorably discharged in the grade of
maj on 30 June 1995.
d. He became 60 years of age on 7 February 2009 and
requested the start of his reserve retirement. On 8 April 2009,
Headquarters Marine Corps approved his retired pay but since he
had been discharged he was considered to be a former member.
Although eligible for pay, former members are not eligible for
some benefits that accrue to members that were transferred to
the Retired List.
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 errors occurred which
prevented retirement.
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 wag in good standing in the Marine Corps
Reserve and would have been retired if he had requested it in
sufficient time prior to his mandatory discharge on 30 June 1995.
Therefore, the Board concludes that Petitioner's record should
show that he transferred to the Retired Reserve in the grade of
maj. Given the requirements of the Uniform Retirement Date Act,
the retirement should be effective on 1 July 1995. Since he is
now 60 years old, the record should be further corrected to show
that he transferred to the Retired List on 7 February 2009 his
60th birthday.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's navai 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 1995, in
the grade of major vice the discharge of 30 June 1995 now of
record. His record should then be corrected to show that he
transferred to the Retired List on 7 February 2009, his 60th
birthday.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
4. tt 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. 4SALMAN BRIAN i 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.
NAVY | BCNR | CY2007 | 10511-07
Pursuant to the provisions of reference (a), Petitioner, a former commissioned warrant officer in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that the transferred to the Retired Reserve and to the Retired List vice being discharged on 31 July 1987.2. Petitioner became 60 years of age on 24 July 2007 and requested that his reserve retired pay be started. That Petitioner’s record be corrected to show that he...
NAVY | BCNR | CY1999 | 07154-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 07154-09 °30 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF g Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed enclosure (1) with this Board requesting that his record be corrected to. However, the Board is aware that the...
NAVY | BCNR | CY2009 | 07154-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 07154-09 °30 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF g Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed enclosure (1) with this Board requesting that his record be corrected to. However, the Board is aware that the...
NAVY | BCNR | CY2006 | 06691-06
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Naval Reserve, filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve and to the Retired List, vice being discharged.2. The Board, consisting of Mr. Mr. and Ms. reviewed Petitioner’s allegations of error and injusticeon 28 November 2006 and, pursuant to its regulations, determined that the corrective action indicated below should...
NAVY | BCNR | CY2008 | 05273-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 5273-08 2 July 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF ‘iil Ref: (a) Title 10 U.s.c. 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...
NAVY | BCNR | CY2008 | 08021-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 . TRG Docket No: 8021-08 6 May 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) Title 10 U.S.C. 1552 Encl: (1} Case Summary (2) Subject's naval record 1.
NAVY | BCNR | CY2009 | 01204-09
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. 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...
NAVY | BCNR | CY2006 | 08661-06
Therefore, the Board concludes that Petitioner should be transferred to the Retired Reserve in the grade of CWO4. 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. That Petitioner’s naval record be corrected to show that he transferred to the Retired Reserve in the grade of CWO4 effective on 1 January 1997, vice the discharge of 31 December 1996 now of record.
NAVY | BCNR | CY2008 | 03376-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 3376-08 12 December 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF WR 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 chief warrant officer (CWOr4) in the Marine Corps Reserve, filed an application with this...
NAVY | BCNR | CY2002 | 06500-02
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he was credited with three years of reserve service not shown on his statement of service, that he transferred to the Retired Reserve vice being discharged on 9 August 1990, and transferred to the Retired...