DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Perris
< eT) :
LCC
Docket No. 9760-10
12 Jan 11
From: Chairman, Board for Correction of Naval Records
Toi Secretary of the Navy
Subj: REVIEW OF NAVAL HES 2
Ref: (a). Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CMC memo 1800 MMSR-5, 14 Oct 10
(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. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
10 January 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. 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 has merit and
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.
Docket No. 9760-10
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner’s discharge of 1 July 1996 is null and void.
b. On 30 June 1996, Petitioner voluntarily requested to be
transferred to the Retired Reserve (Awaiting Pay at Age 60) in the
lower pay grade of E-7. (NOTE: He had not completed two years in the
higher grade of E-8.)
c. On 1 July 1996, Petitioner was transferred to the Retired
Reserve List (Awaiting Pay at Age 60) in pay grade E-7 with 21 years
of qualifying non-regular service as computed under 10 USC Chapter
1223.
(NOTE: Petitioner was paid Special Separation Benefit (SSB) when he
was transferred to the Marine Corps Reserve in 1993. Recoupment will
be in accordance with current law and policy.)
da. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4. It is certified that quorum was present at the Board’s review and
deliberations, and that the foregoing is a true complete record of the
Board’s proceedings in the above entitled matter.
[bloc ee
ROBERT D. ZSALMAN WILLIAM J. HESS,
Recorder Acting Recorder
53 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.
Te SN, a ae
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