DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 11934-09
8 December 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : io. ene ce RT rr en me ee
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 10 Nov 09 w/attachment
1. Pursuant to the provisions of reference (a), Subject,
-hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected to show that he
transferred to the Retired Reserve vice being discharged on 6
November 2009.
2. The Board, consisting of Messrs. ei. Si» and ie
reviewed allegations of error and injustice on 3 December 2009,
and pursuant to its regulations, determined that relief should
be granted, 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 which were available under existing law
and regulations within the Department of the Navy.
b. At the end of Petitioner’s anniversary year which ended
on 4 August 2009, he was credited with 20 qualifying years for
reserve retirement purposes. He was honorably discharged on 6
November 2009 at the expiration of his enlistment. |
c. The Board did not request an advisory opinion in this
case. However, it 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.
d. The Uniform Retirement Date Act, title 5, United States
Code, section 8301, requires that the effective date of any
retirement be the first of the month.’
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board finds the existence of an error and injustice
warranting favorable action. Petitioner 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
Petitioner’s record should be corrected to show that he
transferred to the Retired Reserve in the grade of staff
sergeant, pay grade E-6.
The Board finds that application of the Uniform Retirement Date
Act would require Petitioner’s retirement on the first of
December 2009. The Board further concludes that this Report of
Proceedings should be filed in his naval record so that all
future reviewers will understand his status in the Retired
Reserve.
In view of the above, the Board directs the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show
that he transferred to the Retired Reserve effective 1 December
2009 in the grade of staff sergeant, vice being discharged on 6
November 2009.
b. That this Report of Proceedings be filed in
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. ZSALMAN BRIAN nm Ny Doo
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 eppraved by the
Board on behalf of the Secretary of the Navy.
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