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NAVY | BCNR | CY2014 | NR5732 14
Original file (NR5732 14.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490

 

BAN
Docket No:NR05732-14
19 November 2014

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy
o>): ey
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 w/attachments
(2) Headquarters Marine Corps memo 1800 MMSR-5 of 21 Oct
2014

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 that Petitioner had
20 qualifying years for a non-regular Reserve retirement.

2. The Board, consisting of
WHE ev iewea Petitioner’s allegations of error and injustice
on 19 November 2014 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
Docket No:NR05732-14

finds the existence of an injustice warranting the following
corrective action.

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate,
as follows:

a. HOMC, MMSR-5 ‘is directed to cancel Petitioner's
discharge on 10 October 1997, and show that he had 20
satisfactory qualifying years of reserve service in the Marine
Corps, earning him a non-regular Reserve retirement on 1 October
1997. ;

NOTE: Petitioner will be retired in the rank of Gunnery
Sergeant/E-7 due to having only 1 year, 10 months, and-16 days
o£ service in the rank of Master Sergeant/E-8 (a 2 year
requirement is needed.to retire as a Master Sergeant) .

b. 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 matter.

  

Be 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
autharity of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.

19 November 2014

ROBERT J. O’ NEILL
Executive Director

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