DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 6329-10
L2 April 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: fa) Title 10 U.S.C. 1352
Enel: (1) DD Form 149 w/attachments
(2) CMC memo 1800 MMSR5 of 22 Dec 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.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner's allegations of error and injustice
on 21 March 2011 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 25 August 2009, Petitioner was discharged from the
United States Marine Corps Reserve.
Docket: 6329-10
c. At the time of his discharge, Petitioner had 26 years
of service qualifying for a non-regular retirement.
d. 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.
e. 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. The discharge of 25 August 2009 is null and void.
b. On 25 August 2009, Petitioner was transferred from the
Selected Marine Corps Reserve to the Individual Ready Reserve
(IRR) where he continued until his retirement (awaiting pay).
c. On 21 December 2009, he completed an anniversary year,
achieving 15 membership points for a total of 20 retirement
points for that year.
d. On 1 May 2010, Petitioner was transferred to the
Retired Reserve (Awaiting Pay at Age 60) in pay grade O05, having
achieved sufficient qualifying non-regular service as computed
under 10 USC Chapter 1223. He will be credited with 5 membership
points for the partial year 20091212 to 20100430.
e. A copy of this Report of Proceedings be filed in
Petitioner’s naval record.
Docket: 6329-10
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
foregoing is a true and complete record of the Board’s
proceedings in the above entitled matter.
bibl IO
ROBERT D. ZSALMAN WILLIAM J. HESS, III
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.
12 April 2011
Lo Doawt
W. DEAN PF FRAR
Executive Dwrector
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