DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION. OF NAVAL RECORDS
_ 707 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
JSR .
Docket No. NR21-13
15 February 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : i i oe Bath 2
REVIEW OF NAVAL RECORD
Ref:
(a) 10 U.S.C. 1558
Encl: (1) SECNAV memo dtd 10 Jan 13 w/refs (a) and {b)
(2) DC M&RA memo 1000 RA dtd 26 Jul 12 w/enclosures
(3) Subject's ltrs dtd 28 Aug 12 and 29 Jan 13
(4) Subject's naval record
1. Enclosure (1) directed the Executive Director of this Board to
convene a special board pursuant to the provisions of reference (a) to
consider the correction of the military service records of those
officers who were retired as a result of the Fiscal Year (FY) 2009
United States Marine Corps Reserve (USMCR) Colonel Selective Retention
Board (SRB). Subject was among those officers. As a result of the. FY
2009 USMCR Colonel SRB, he was involuntarily retired effective 1
October 2009.
2. The Board, acting as a special board, consisting of Ms. Trucco and
Messrs. Chapman and Vogt, reviewed Subject’s case on 15 February 2013
and 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 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. In correspondence attached as enclosure (2), the Deputy
Commandant of the Marine Corps for Manpower and Reserve Affairs has
recommended correcting Subject's naval record as follows:
(1) Award him career retirement points for eath anniversary
year (pro-rated for any partial years) he was removed from the Reserve
Active Status List. (RASL) through his Mandatory Removal Date (MRD) of
1 September 2011 as foliows:
{a) Appropriate membership points,
(b) 85 non-paid inactive duty points and
(c) 21 non-paid active duty points;
(2) Remove from his Official Military Personnel File {(OMPF) all
documents related to the FY 09 SRB;
(3) Update his retirement date to reflect his MRD of 1 September |
2011 and
(4) Update his separation code to read voluntary retirement.
b. In enclosure (3), Subject concurred with enclosure (2). He
further requested that the time limitation for his Post 9-11 GI
Education Benefits be updated to 15 years from his corrected MRD and
that the transfer of these benefits to his children be allowed. If. his
MRD is corrected: he may submit a separate application to the Board, on
the basis of that correction, for additional relief regardirig GI
Education Benefits.
CONCLUSION:
Upon review. and consideration of all the evidence of record, and
especially in. light of the contents of enclosure (2), the Board
recommends the following corrective action:
RECOMMENDATION:
a. That Subject's naval record be corrected as follows:
(1} Show. career retirement points for each anniversary year
(pro-rated for any partial years) he was removed from the RASL
through his MRD of 1 September 2011 as follows:
(a) Appropriate membership points,
(b) 85 non-paid inactive duty points and
{c) 21 non-paid active duty points;
(2) Remove from his Official Military Personnel File (OMPF) all
documents related to the FY 09 SRB;
(3) Show he was retired on. his MRD of 1 September 2011, rather
than 1 October 2009 and .
(4) Change his separation code to reflect voluntary retirement.
b. That any material or entries inconsistent with or relating to
the Board's recommendation be corrected, removed or completely expunged
from Subject 's record and that no such entries or material be added to
the record in the future.
c. That any mareriei directed to be removed from Subject'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 Subject's navel
record.
4, 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.
Derrek db ferd aw
ROBERT D. ZSALMAN JONATHAN S, RUSKIN
Recorder - _ ” a Acting Recorder
5... The foregoing report of the Board is submitted for your review and
action. ,
Reviewed and approved:
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