DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
SBD NORE GT :
fas fe BS pT sOUSs Rogue 1954
ARLINGTON VA 22204-2490
romps
BAN
Docket :NR04520-13
15 August 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO (jiSSssq0SI000 ig?
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
30 Jul 13
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (i) 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 13 August 2013 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 ali
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
Docket No.NRO04520-13
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 20 September 2006 is null-and
void.
b. On 1 September 2006, Petitioner was transferred to the
Retired Reserve List awaiting Pay at age 60 in pay-grade E-8
with 20 qualifying years of non-regular service for retirement
in the Marine Corps Reserve.
ce. 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 igs a true and complete record of the Board’s
proceedings in the above entitled matter. ]
ROBERT D. 42SALMAN O BRON MONTGOMERY
Recorder Acti ecorder
Bs 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 August 2013 TTR pe cD fred
Fe_W. DEAN PFEIFFER
Executive Director
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