DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No. 07166-12
15 October 2012
From: Chairman, Board for Correction of Naval Records
Tes Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD Sr ae
USMCR (RET) ,
Ref: (a) Pitie 10 1.8.6, TSs2
Encl: (1) DD Form 149 w/attachments
(2) Headquarters Marine Corps (HOMC) memo 1800 MMSR-5 of
19 Sep 12
(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, Exnicios, and George
reviewed Petitioner's allegations of error and injustice on
15 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.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
Docket No. 07166-12
the existence of an injustice warranting the following corrective
action.
RECOMMENDATION:
ected, where appropriate, as
That Petitioner's naval record be corr
follows:
a. Petitioner's discharge on 15 September 2010 is null and void.
b. On 1 September 2010, Petitioner was transferred to the
in paygrade E-8/MSGT. He
Retired Reserve List Awaiting
had 25 years non-regular reserv ted under 10 USC
Chapter 1223.
NOTE: Petitioner was
he does not have the required 24 mo
grade to retire at the MGySgt rank.
c. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
of the revised procedures of the Board
(32 Code of Federal Regulations,
that quorum was present at the
and that the foregoing is a true and
e above entitled
4. Pursuant to Section 6(c)
for Correction of Naval Records
Section 723.6(c)) it is certified
Board’s review and deliberations,
complete record of the Board's proceedings in th
matter.
. v
a
WILLIAM J. HESS, Tit
ROBERT D. ZSALMAN
Acting Recorder
Recorder
delegation of authority set out in Section 6(e)
f the Board for Correction of Naval Records
Section 723.6(e)) and having assured
Bis Pursuant to the
of the revised Procedures oO
(32 Code of Federal Regulations,
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.
15 October 2012
TR RD, Kae Dr
Fe. DEAN PFE FFER
Executive Director
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