DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 2082-18 

AUG 27 2019 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: 

Ref: (a) Title 10 U.S.C. §1552 

Encl: (1) DD Form 149 w/attachments 
      (2) Subject's naval record 

1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to be transferred to the retired reserves awaiting pay at age 60. 

2. The Board, consisting of , reviewed Petitioner's 
allegations oferror and injustice on 22 May 2018 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 ofthe enclosures, relevant portions of 
the Petitioner's naval record, 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. The Petitioner joined the Marine Corps Reserve on 18 April 1977. On 30 December 1982, 
the Petitioner entered a period ofactive duty with the Active Reserve (AR) program. The 
Petitioner was promoted to Gunnery Sergeant on 1 January 1993. The Petitioner was issued a 
notification of entitlement (NOE) to retired pay at age 60 and eligibility to participate in the 
Reserve Component Survivor Benefit Plan (RCSBP) letter dated 20 October 1997. On 15 
October 1999, the Petitioner was discharged with 22 years of qualifying service. 

CONCLUSION 

Upon review and consideration ofall the evidence of record, the Board agreed that the Petitioner 
should not have been discharged but released from active duty and transferred to the Selected 
Marine Corps Reserve. The Board agreed the Petitioner met the eligibility requirements of a 
non-regular retirement by obtaining 22 years ofqualifying service. The Board finds the 
existence ofan injustice warranting the following corrective action. 

That Petitioner's naval record be corrected, where appropriate, to show that: 

The Petitioner's discharge dated 15 October 1999 is rescinded. 

The Petitioner executed a 1-month agreement to extend enlistment (NAVMC 321A), operative 
on 16 October 1999. 

The Petitioner was released from active duty and transferred to the selected Marine Corps 
Reserve on 15 October 1999. 

The Petitioner submitted a request to be transferred to the retired reserve, without pay, effective 31 October 1999 and it was approved by cognizant authority. Petitioner completed over 22 years ofqualifying service as a Gunnery Sergeant. 

Petitioner submitted a request for retired pay at age 60 prior to  (60th 
birthday), and was approved by cognizant authority. 

Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner's 
records to determine if Petitioner is due any back pay and allowances. 
A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

4. 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 board regarding the above entitled matter. 


5. Pursuant to the delegation ofa uthority set out in Section 6(e) ofthe revised Procedures ofthe 
Board for Correction ofNaval 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 
behalfofthe Secretary ofthe Navy. 

Executive Director