TRG
Docket No: 10876-07
	31 March 2008

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

Subj  

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 on 26 January 1993.

2.		The Board, consisting of Mr. reviewed Petitioner’s allegations of error and injustice on 25 March 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 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.	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 for four years on 27 January 1986. Apparently sometime in 1990 he was promoted to master sergeant (MSgt; E-8). He reenlisted for three years on 27 January 1991. In August of that year, he was issued a Notification of Eligibility for Retired Pay at Age 60. He apparently earned no further qualifying years and was honorably discharged on 26 January 1993.

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 qualified for reserve retirement and there is no explanation in the record to explain the discharge or errors occurred which prevented retirement.

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 Petitioners record should be corrected to show that he transferred to the Retired Reserve. Given the requirements of the Uniform Retirement Date Act the retirement should be effective on 1 January 1993.

It appears that Petitioner was promoted prior to the requirement that he earn two qualifying years after being promoted in order to retire in the higher grade. However, the decision as to his grade upon retirement should be made by Headquarters Marine Corps.

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.

RECONNENDATION:

a.	That Petitioner record be corrected to show that he transferred to the Retired Reserve effective on 1 January 1993 vice the discharge of 26 January 1993 now of record.

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	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