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. 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 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 26 March 1999.
oa ee? 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 record. Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations, and policies.
2. The Board, consisting of Ms . ea
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.
c. Petitioner enlisted in the Marine Corps, was honorably
released from active duty, and transferred to the Marine Corps
Reserve. On 26 March 1999 he was honorably discharged.
d. Enclosed is a copy of Petitioner’s career retirement
credit record which reflects 20 years of qualifying service.
Presumably, Petitioner’s official record contains his
verification letter from the Commandant of the Marine Corps
(CMC), which states, in effect, that he has enough time to
receive retired pay at age 60.
e. Although the Board did not request an advisory opinion in
this case, it 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. In this regard, 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.
CONCLUSTON ;
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief. In
this regard, the Board substantially concurs with the comments
contained in a previously received advisory opinion and concludes
that since Petitioner was in good standing in the Marine Corps
Reserve and was credited with 20 years of qualifying service his
record should be corrected to show that, while serving in the
rank of master sergeant (MSgt/paygrade E-8), he was transferred
to the Marine Corps Retired Reserve on 1 April 1999.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was transferred to the Marine Corps Retired Reserve effective
1 April 1999, in the rank of master sergeant (MSgt/paygrade E-8),
vice being discharged on 26 March 1999.
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.
Crows A - nongr
ROBERT D. ZSALMAN BRIAN J.7 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.
lp Nenreetoa|
W. DEAN PFE
Executive D (a
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