DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 05606-09
29 July 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
NAVAL RECORD OF
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3} Subject's naval record
1. Pursuant to the provisions of reference. (a), Petitioner, a
former officer of the Marine Corps Reserve, filed enclosure (1)
with this Board requesting, in effect, that her record be ~
corrected to show that she transferred to the Retired Reserve
list vice being discharged on 1 November 2006.
j._consisting of Ms. [iii \:. Rie,
i 7 reviewed Petitioner's allegations of error Cand
injustice on 21 July 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. Enclosure (1) was filed in a timely manner.
c. On 31 October 2001, Petitioner was transferred to the
Temporary Disability Retired List (TDRL). On 19 June 2001,
she was notified of her entitlement to retired pay at age 60.
On 1 November 2006, Petitioner was removed from the TDRL and
discharged with severance pay due to physical disability.
dad. With her application, Petitioner forwarded a copy of her
statement of service showing 20 years of qualifying service prior
to her discharge.
e. An advisory opinion from the Commandant of the Marine
Corps states, in part, that Petitioner was eligible for a Reserve
retirement with pay at age 60, and should have been given an
opportunity to transfer to the Retired Reserve awaiting pay vice
being discharged with severance pay. It was recommended that
Petitioner’s record be corrected to show she transferred to the
Retired Reserve awaiting pay at age 60 and that she be informed
that when she starts to draw retired pay, the entire amount of
severance pay will be recouped.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants full relief.
Petitioner was in good standing in the Marine Corps Reserve and
credited with 20 years of qualifying service. Therefore, the
Board concludes that Petitioner’s record should show that she
transferred to the Retired Reserve in the rank of major.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she transferred to the Retired Reserve effective 1 November 2006,
in the rank of major vice being discharged with severance pay now
of record.
b. That this Report of Proceedings be filed in the
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. Z2SALMAN BRIAN Bunn, ong GHORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
é6{e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulation, 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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