DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 10805-09
3 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: nae RECORD OF dee
Ref: {a) 10 U.S.C. 1552
Enel: {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 Marine Corps Retired Reserve vice being
discharged on 19 December 2005.
2. The Board, consisting of Mr. @gQM@B, mr. = and Mr. 2a
reviewed Petitioner's allegations of error and injustice on
2 March 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
gonsisted of the enclosures, maval 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 enclosure (1) was not filed in a timely manner, it is
in the interest of justice to waive the statue of limitations and
review the application on its merits.
e. Petitioner enlisted in the Marine Corps and was honorably
released from active duty and transferred to the Marine Corps Reserve
where he served until he was discharged on 19 December 2005.
a. With his application, Petitioner forwarded a copy of his
statement of service showing 20 years of qualifying service along with
his verification letter from the Commandant of the Marine Corps (CMC)
dated 27 March 2006, stating he had enough time to receive retired pay
at age 60.
e. The Board did not request an advisory opinion in this case.
However, the Board is aware that CMC has routinely recommended
corrective action when an individual is qualified for reserve
retirement and was discharged prior to requesting transfer to the
Retired Reserve.
£. 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
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. He was in good
standing in the Marine Corps Reserve and was credited with 20 years of
qualifying service. Therefore, the Board concludes that his record
should show that he transferred to 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
1 January 2006, in the rank of gunnery sergeant (GySgt/E-7), vice
being discharged on 19 December 2005, now of record.
b. That this Report of Proceedings be filed in his 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. ZSALMAN 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.
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