DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No:NR06326-14
9 December 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD CO (iy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments ~
(2) Headquarters Marine Corps memo 1800 MMSR-5 of 19 Nov
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 -f ay
Sp reviewed Petitioner's allegations of error and injustice
on 4 December 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:NR06326-14
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 30 December 1993, and show that he had 22
satisfactory qualifying years of reserve service in the Marine
Corps, earning him a non-regular Reserve retirement on 1 January
1994.
b. Petitioner is eligible to received retired pay at age 60
on 26 June 2014.
NOTE: Petitioner will be retired in the rank of Staff
Sergeant/E-6. Additionally, DFAS is directed to recoup his
payment of $61,428.51 for the Special Separation Benefit (SSB)
he received at the time he was originally discharged.
c.. 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.
5s 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.
9 December 2014
ROBERT J. O'NEILL
Executive Director
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