From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
 
Ref:   (a) Title 10 U.S.C. §1552 
            (b) MCO P1900.16F 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) HQMC memo 1820 MMSR-5 of 03 Dec 19 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect he was transferred to the Retired Reserve Awaiting Pay Age 60 List effective October 2006. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on May 14, 2020 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, relevant portions of 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.  Petitioner’s Pay Entry Base Date reflected in the Marine Corps Total Force System is April 15, 1977.  Petitioner’s date of birth is . 
 
     c.  On June 26, 1996, Petitioner is joined to the Selected Marine Corps Reserve (SMCR) this date. 
 
     d.  On March 1, 2005, Petitioner promoted to Gunnery Sergeant (E7).  Per reference (b) Marine reservists in the pay grade of E7 must serve 2 satisfactory years (50 points per year) from the date of promotion. 
 
     e.  On October 8, 2006, Petitioner reaches his Reserve End of Current Contract (RECC) and is involuntarily discharged with 22 satisfactory years of service and 23 years, 5 months and 24 days of qualifying service. 
 
     f.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.  The Board determined the Petitioner failed to request for transfer to the Retired Reserve Awaiting Pay at Age 60 prior to the expiration of his reserve contract and that the Petitioner failed to serve for 2 satisfactory years from the date of his promotion.  Petitioner served 1 year and 7 months of satisfactory time in grade.  The Board concluded this administrative oversight was unintentional and Petitioner warrants relief. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The record of discharge from the U.S. Marine Corps Reserve effective October 8, 2006, is rescinded. 
 
Prior to October 1, 2006, the Petitioner requested transfer to the Retired Reserve Awaiting Pay at Age 60.   
 
Petitioner transferred to the Retired Reserve Awaiting Pay at Age 60 effective October 1, 2006 in the paygrade E6 due to failure to serve two years in grade.  Petitioner’s 60th birthday effective . 
 
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 the Board’s proceedings in the above entitled matter. 
 
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. 
            
7/7/2020