DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ' TRG
WASHINGTON DC 20370-5100 Douket No: 5439-09
9 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OFA
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 17 February 2009.
2. The Board, consisting of vr MS, 2nd ‘ss
reviewed Petitioner's allegations of error and ifjustice 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 ail 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 Marin Corps Reserve on 18
September 2004 for four years in the grade of staff sergeant
(ssgt, paygrade E-6). Subsequently on 18 September 2008 he
‘extended his enlistment for five months. On 11 December 2008 he
completed 20 years of qualifying service for reserve retirement.
The next entry in the record shows that he was honorably
discharged on 17 February 2009 at the expiration of his
enlistment as extended.
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 retirement was not requested
in sufficient time before the expiration of an enlistment.
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 ssgt. Given
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 February 2009.
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 February 2009,
in the grade of ssgt vice the discharge of 17 February 2009 now
of record.
. oe
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 Vow
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.
\p 24 PFE
Executive Dikéc
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