DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
					      2 NAVY ANNEX
				             WASHINGTON DC 20370-5100
TRG
Docket No: 422-03
27 March 2003

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

Subj:	REVIEW OF NAVAL RECORD 0

Ref:	(a) Title 10 U.S.C. 1552

End:	(1) Case Summary
(2)	Subject’s naval record

1.	Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Marine Corps Reserve, filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve, vice being discharged.

2.	The Board, consisting of Mr. Cooper, Mr. Pfeiffer and Mr. Leeman, reviewed Petitioner’s allegations of error and injustice on 25 March 2003 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.	Petitioner’s application was filed in a timely manner.

c.	Petitioner completed 20 years of qualifying service for reserve retirement on 22 October 1999 and was subsequently issued a Notification of Eligibility for Retired Pay at Age 60. At that time, he was serving in the grade of Gunnery Sergeant (GYSGT; E
7).	He continued to serve and earned three additional qualifying years. Although the last reenlistment contract and any extensions are not filed in the service record, it appears that he was honorably discharged on 1 January 2003.

d.	The Board did not request an advisory opinion in this case. However, the Board is aware that Headquarters Marine Corps has routinely recommended corrective action in similar cases when an individual is eligible for reserve retirement and there is no explanation in the record why there was a discharge vice retirement.

e.	The Board is aware that the Uniform Retirement Date Act, 5 U.S.C. 8301, requires that the effective date of any retirement be the first day of the month.

CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. The Board notes that Petitioner was in good standing in the Marine Corps Reserve and would have been retired if he had requested it in a timely manner. Therefore, the Board concludes that he should be transferred to the Retired Reserve in the grade of GYSGT. Given the requirements of the Uniform Retirement Date Act, the retirement should be effective on 1 January 2003, vice the discharge of 1 January 2003 now of record.

The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand his status in the Retired Reserve.

RECOMI~1ENDATION:

a. That Petitioner’s naval record be corrected to show that he transferred to the Retired Reserve effective on 1 January 2003 in the grade of GYSGT, vice being discharged on that date.

b. That this Report of Proceedings be filed in Petitioner’s naval 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.

ROBERT D. ZSALMAN	ALAN E. GOLDSMITH
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.

								W. DEAN PFEIFFER
								Executive Director

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