Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 13412-09
Original file (13412-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 13412-09
19 July 2010

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD OF @

   

Ref: (a) 10 U.S.C. 1552
Encl: 1) DD Form 149 with attachments
2) Case Summary

3) HOMC MMSR-5 memo dtd 19 Apr 10
4) 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 28 February 1994.

a The Board, consisting of Mr. RR. Mr. SEER, and Ms.

eviewed Petitioner's allegations of error and injustice
on 8 July 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. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.

c. 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 28 February
1994,
d. With his application, Petitioner forwarded a copy of his
statement of service showing 21 years of qualifying service along
with his verification letter from the Commandant of the Marine
Corps (CMC) dated 19 April 2010, stating he had enough time to
receive retired pay at age 60.

e. Enclosure (3) is an advisory opinion from the
Headquarters Marine Corps office which has cognizance over
Petitioner’s request. It states that his request has merit and
warrants favorable action.

f. 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, and
especially in light of enclosure (3), the Board concludes that
Petitioner's request warrants relief. He was in good standing in
the Marine Corps Reserve and was credited with 21 years of
qualifying service. Therefore, the Board concludes that his
record should show that he transferred to the Marine Corps
Retired Reserve on 1 March 1994.

RECOMMENDATION :

a. That Petitioner's naval record be corrected to show that
he transferred to the Marine Corps Retired Reserve effective
1 March 1994, in the rank of gunnery sergeant (GySgt/E-7), vice
being discharged on 28 February 1994, 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.

Cus sien, Arorgr

ROBERT D. ZSALMAN BRIAN gh 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.

W. DEAN PFE
Executive D nae

Similar Decisions

  • NAVY | BCNR | CY2010 | 00745-10

    Original file (00745-10.pdf) Auto-classification: Approved

    DPEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN . Docket No: 000745-10 29 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy A Subj: REVIEW OF NAVAL RECORD OF 4 Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record i. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed enclosure (1) with...

  • NAVY | BCNR | CY2010 | 00220-10

    Original file (00220-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps Reserve, filed enclosure (1) with this Board requesting that his record be _ corrected to show that he was transferred to the Marine Corps Retired Reserve vice discharged on 19 December 2009. In addition, the Board considered the advisory opinion furnished by the Marine Corps Separation and Retirement Branch (MMSR-5) dated 8 March 2010, a copy of which is attached with enclosure (1). ...

  • NAVY | BCNR | CY2009 | 10805-09

    Original file (10805-09.pdf) Auto-classification: Approved

    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. 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...

  • NAVY | BCNR | CY2009 | 00412-09

    Original file (00412-09.pdf) Auto-classification: Approved

    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 10 April 1994. wo, aNd Ms .# 2. The Board, consisting of vr aI = seas: ‘ reviewed Petitioner's allegations of error andad™imjustice on 17 March 2009 and, pursuant to its regulations, determined that the corrective action...

  • NAVY | BCNR | CY2009 | 11690-09

    Original file (11690-09.pdf) Auto-classification: Approved

    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 5 March 2007. . 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...

  • NAVY | BCNR | CY2009 | 10476-09

    Original file (10476-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DG 20370-5100 SIN Docket No: 10476-09 3 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. 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,...

  • NAVY | BCNR | CY2008 | 08098-08

    Original file (08098-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 8098-08 4 January 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj EVIEW OF NAVAL RI Ref: (a) Title 10 U.S.C. 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...

  • NAVY | BCNR | CY2009 | 09533-09

    Original file (09533-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TAL Docket No: 9533-09 16 July 2010 From: Chairman, Board for Correction of Naval Records TOs Secretary of the Navy Sub}: REVIEW OF NAVAL RECORD OF #5 Ref: (a) 10 U.S.C. 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...

  • NAVY | BCNR | CY2010 | 02885-10

    Original file (02885-10.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TOR Docket No: 2885-10 27 April 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy : : REVIEW NAVAL RECORD OF 3 Ref: (a) 10 U.S.C. Vi aegis and Mr. Pe eviewed Petitioner's allegations of error and injustice on 27 April 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of...

  • NAVY | BCNR | CY2010 | 01001-10

    Original file (01001-10.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SJN Docket No: 1001-10 29 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF 9A Bd 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)...