DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No. 02152-12
31 October 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF MASTER SERGEANT (ii
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Headquarters Marine Corps (HQMC) memo 1800 MMSR-5 of
2 her ie .
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected to show Petitioner was
transferred to the Retired Reserve List Awaiting Pay at age 60
vice being discharged.
2. The Board, consisting of Messrs. Zsalman, George and
Exnicios reviewed Petitioner’s allegations of error and
injustice on 31 October 2012 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.
Docket No. 02152-12
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,
as follows:
a. Petitioner’s discharge of 5 April 1995 is null and
Void.
b. On 1 April 1995, Petitioner was transferred to the
Retired Reserve List Awaiting Pay at age 60 in paygrade E-8
because he did not have 2 years of satisfactory service
following his promotion to paygrade E-9. He had over 20 non-
regular service as computed under 10 U.S.C. Chapter 1223.
c. That 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
foregoing is a true and complete record of the Board's
proceedings in the above entitled oy ‘wh
ROBERT D. 4ZSALMAN DA -| CASH
Recorder Acti Racorder
Ss 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.
Og oo
ROBERT D. 4SALMAN
Acting Executive Director
31 October 2012
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