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) 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 1 August 2000.
2. The Board, consisting of Mr. a a and
Mr. WMreviewed Petitioner's allegations of error and
injustice on 23 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 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 1 August 2000.
d. With his application, Petitioner forwarded a copy of his
statement of service showing over 21 years of qualifying service
along with his verification letter from the Commandant of the
Marine Corps (CMC) dated 18 March 2010, 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 Commandant of the Maritve
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.
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:
Board concludes that Petitioner's request warrants relief. He
was in good standing in the Marine Corps Reserve and was credited
with over 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 September 2000.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he transferred to the Marine Corps Retired Reserve effective
1 September 2000, in the rank of sergeant (Sgt/E-5), vice being
discharged on 1 August 2000, 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 BD. 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.
Wend
W. DEAN PFR
Executive Dite
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