DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
				        2 NAVY ANNEX
			WASHINGTON DC 203705100

							TRG
 							Docket No: 10571-07
							23 May 2008

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

Subj:	REVIEW OF NAVAL RECORD OF EX
USMCR

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 me~er of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the Retired Reserve and to the Retired List vice being discharged on 14 February 1987.

2.	The Board, consisting of Mr reviewed Petitioner’s allegations of error and injustice on 20 May 2008 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 allegation 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.	Although it appears that Petitioner’s application was not filed in a timely manner, it is in’ the interest of justice to waive the statute of limitations and consider the application on its merits.

c.	Petitioner reenlisted in the Marine Corps Reserve on 15 February 1986 in the grade of gunnery sergeant (GySgt; E-7) and was honorably discharged on 14 February 1987. At the end of his anniversary year on 14 February 1987 he was credited with 20 years of qualifying service for reserve retirement purposes. He became 60 years of age on 25 February 2008.

d.	Attached to enclosure (1) is. an advisory opinion from Headquarters Marine Corps recommending that the Board transfer ‘Petitioner to the Retired Reserve and to the Retired List.

e.	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. Petitioner was in good standing in the Marine Corps
Reserve and would have been retired if he had requested it in ‘sufficient time prior to the expiration of his enlistment. Therefore, the Board concludes that Petitioner’s record should be corrected to show that he transferred to the Retired Reserve in the grade of GySgt. Given the requirements of the Uniform Retirement Date Act, his last enlistment should be extended for the minimum period of one month and his retirement should then be effective on 1 March 1987. Since he is now 60 years old, the record should be further corrected to show that he transferred to the Retired List on 25 February 2008, his 60th birthday.

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.

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected by extended his last enlistment for one month. The record should then be corrected to show that he transferred to the Retired Reserve in the grade of GySgt effective on 1 March 1987.

b.	That Petitioner’s record be further corrected to show that he transferred to the Retired List effective on 25 February 2008, his 60th birthday.

c.	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	BRIAN J. GEORGE
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