DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490
BAN
Docket No. 07931-12
15 October 2012
From: Chairman, Board for Correction of Naval Records
TO! Secretary of the Navy
USMCR (RET),
Ref: (a) Title 10 U.S.C. 1552
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, 07931-12
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 on 30 September 1994 is null and void.
b. On 1 October 1994, Petitioner was transferred to the Retired
Reserve List Awaiting Pay at age 60 in paygrade E-8/MSGT. He had 20
years non-regular reserve service as computed under 10 USC Chapter
1223.
c. A copy of this Report of Proceedings will 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
matter. ;
ROBERT D. ZSALMAN WILLIAM J. HESS, Tit
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.
15 October 2012
fezW. DEAN P IFFER
Executive Director
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