DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 6326-11
22 August 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub jp
EVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl:
CO, MCAS, Kaneohe Bay ltr dtd 18 Jul 11
HOMC RCT memo dtd 26 Jul ii
Subj's naval record
1.Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected to show he was
discharged from the Marine Corps Reserve on 28 October 2009,
pursuant to resignation of his commission, and reinstated on 1
February 2008.
2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed allegations of error and injustice on 18
August 2011, and pursuant to its regulations, determined that
the limited 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 ali 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 which were available under existing law
and regulations within the Department of the Navy.
b. Enclosure (2) is a statement in support of Petitioner’s
request.
c. In enclosure (3), the Headquarters Marine Corps office
with cognizance over the subject matter of this case commented
to the effect the request has merit and warrants relief, but
recommended that the discharge date be 28 March 2001, one year
after Petitioner was placed on the Inactive Status List (ISL).
That office concluded that this is the date Petitioner should
have been discharged, rather than being left on the ISL from 27
March 2000 until his transfer to the Individual Ready Reserve
on 1 February 2008.
CONCLUSION :
Upon review and consideration of all the evidence of record,
and especially in light of enclosure (3), the Board finds the
existence of an error and injustice warranting the following
limited corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show he
was discharged from the Marine Corps Reserve on 1 March 2001
pursuant to his resignation of his commission.
b. That his record be corrected further to show he was
reinstated in the Marine Corps Reserve on 1 February 2008 in
the grade of major, with a date of rank of 1 July 1996, the
same date of rank he held when he resigned his commission.
c. That his anniversary date and pay entry base date be
adjusted accordingly.
d. That any material or entries inconsistent with or
relating to the Board’s recommendation be corrected, removed or
completely expunged from Petitioner’s record and that no such
entries or material be added to the record in the future.
e. That any material directed to be removed from
Petitioner’s naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
f. That the remainder of Petitioner’s request be denied.
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.
Prvatens 4, (r0tyir
ROBERT D. Z2SALMAN JONATHAN §&. RUSKIN
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.
TR tS TP
—-A-yw. DEAN PFELFFER
Executive Director
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