DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SIN
Docket No: 08776-09
22 February 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD OF 3
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 enlisted member of the Marine Corps Reserve, filed
enclosure (1) with this Board requesting, in effect, that his
record be corrected to show that he transferred to the Retired
Reserve vice being discharged on 1 August 2009.
2, The Board, consisting of Mr a: Mr. & Meek and
Mr . MAINE reviewed Petitioner's allegations of error and
injustice on 17 February 2010 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. Petitioner was recalled to active duty and began a period
of service on 9 May 2005. He served honorably for over four
years and was honorably released from active duty on 1 August
2009 at the completion of his required active service. Prior to
his last period of active service, he had completed 27 years of
qualifying service and was eligible for retired pay at the age of
60. On 29 January 2010, his career retirement credit record was
modified to reflect over 30 years of qualifying service.
ad. 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 was discharged prior to
requesting transfer to the Retired Reserve.
e. The Uniform Retirement Date Act, 5 United States Code
8301, requires that the effective date of any retirement be the
first day of the month following the date of separation.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief.
Petitioner was in good standing in the Marine Corps Reserve and
credited with over 30 years of qualifying service. Therefore,
the Board concludes that his record should be corrected to show
that he transferred to the Marine Corps Retired Reserve in the
grade of master gunnery sergeant (MGySgt, paygrade E-9) with an
effective date of 1 September 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 Marine Corps Retired
Reserve.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he transferred to the Marine Corps Retired Reserve effective
I September 2009, in the pay grade of MGySgt, vice being
discharged now of record.
b. That this Report of Proceedings be filed in the
Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c} 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. 4SALMAN BRIAN \ 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 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.
\ eas
W. DEAN PF
Executive D r
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