DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
					2 NAVY ANNEX
					      WASHINGTON DC 20370-5100 
										
										    TRG
	Docket No: 2857-04
29 June 2004

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

Subj:      RECORD OF 

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 commissioned officer in the Naval Reserve, filed an application with this Board requesting, in effect, that her discharge from the Marine Corps or Marine Corps Reserve be implemented to validate her commission in the Naval Reserve.

2. The Board, consisting of Mr	, Mr and Mr. In reviewed Petitioner’s allegations of error and injustice on 22 June 2004 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 Petitioners 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 was released from active duty on 30 June 2002 in the grade of captain (CAPT; 0-3). At that time, she had completed 5 years, 1month and 6 days of active duty. Prior to her release, she had been accepted for the 13. 5. Navy Health Professions Scholarship Program for training as a dental officer. Therefore, on 1 July 2002 she accepted a commission as an ensign in the Naval Reserve.

d.	Apparently the Marine Corps was unaware of her commission in the Naval Reserve and did not discharge her from the Marine Corps Reserve. On 6 February 2004, Petitioner was informed by Headquarters Marine Corps that her commission in the Naval Reserve was considered to be invalid because she had not  received prior approval for discharge from the Marine Corps. Further, she was prohibited from transferring directly from a Regular Component to a reserve component in another service. She was informed to apply to this Board for a correction of her record.

e.	Attached to enclosure (1) is an advisory opinion from HQMC stating, in part, as follows:

Recommend that (Petitioner’s) record be corrected to show that her obligated service until 24 May 2005 was waived and she was granted a conditional release from the United States Marine Corps Reserve. Recommend that her record be further corrected to show that she was discharged from the United States Marine Corps Reserve on 30 June 2002 the day before her appointment in the United States Naval Reserve.

f.	Petitioner’s DD Form 214 issued on 30 June 2002 indicates that she is a Regular officer. Further the 6 February 2004 letter from HQMC suggests that she was a Regular officer. However, the advisory opinion states that she was a Reserve officer. It may be that she was discharged from the Regular Marine Corps on 30 June 2002 and accepted a reserve commission in the Marine Corps Reserve effective the next day. Her record is incomplete and the issue of the correct component cannot be resolved without further research.

g.	Petitioner incurred an eight year military obligation when she entered the Marine Corps on 24 May 1987, and she only served 5 years, 1 month and 6 days in the Marine Corps. However, as indicated she has been commissioned in the Naval Reserve and will complete her eight year military obligation. Although Petitioner did not receive approval for discharge, the Board is aware that it is illegal for an individual to be serving in two military components at the same time.

		CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Given the circumstances of this case, the Board concludes that the best way to resolve this situation is to correct the record to show that she was honorably discharged from the Marine Corps or the Marine Corps Reserve on 30 June 2002. With this correction, the record will then show that she had no status in the Marine Corps when she was commissioned in the Naval Reserve on 1 July 2002.

The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand why she was discharged prior to the completion of her eight year military obligation.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show that she was discharged from the Marine Corps or Marine Corps Reserve on 30 June 2002.

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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