DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 6112-10
20 Oct 2010
From: Chairman, Board for Correction of Naval Records
EO ! Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Tatle 10 U.S.C. 1852
Encl: (1) DD Form 149 w/attachments
(2) CMC ltr 1800 MMSR-5 of 6 July 2010
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show that he was transferred to the
Retired Reserve (Awaiting Pay at Age 60) vice discharged from
the United States Marine Corps Reserve in February 2010.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner’s allegations of error and injustice
on 12 October 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. On 8 February 2010, Petitioner had completed 21 years, 0
months and 0 days of qualifying reserve service for non-regular
retired pay benefits (at age 60) under 10 USC chapter 1223.
Docket: 6112-10
c. At that time, Petitioner was eligible to request
transfer to the Retired Reserve (Awaiting Pay at Age 60),
however he failed to submit a timely request.
d. On 8 February 2010, Petitioner was discharged from the
United States Marine Corps Reserve due to the expiration of his
enlistment contract. He was not affiliated with the Armed Forces
after the discharge.
e. In June 2010, Petitioner submitted an application with
this Board seeking to change his record to show that he was
transferred to the Retired Reserve (Awaiting Pay at Age 60) vice
being discharged.
f. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in
Petitioner’s application has commented to the effect that the
request warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that:
a. On 1 February 2010, Petitioner was transferred to the
Retired Reserve (Awaiting Pay at Age 60) in pay grade E-7 with
20 years, O months and 0 days of qualifying non-regular service
as computed under 10 USC Chapter 1223. Note: Petitioner was
transferred to the Retired Reserve in pay grade E-7 because he
did not meet the time-in-grade requirement to be transferred as
an E-8.
b. A copy of 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 quorum was
present at the Board’s review and deliberations, and that the
Docket: 6112-10
foregoing is a true and complete record of the Boete Ss
proceedings in the above entitled matter. fH
ROBERT D. ZSALMAN WILLIAM J. HESS, II
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 approved by the Board on
behalf of the Secretary of the Navy.
20 Oct 2010
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