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

Docket No. 1301-20 

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

Subj:  REVIEW OF NAVAL RECORD ICO FORMER MEMBER 
Ref:  (a) Title 10 U.S.C. § 1552 
(b) MCO P1900.16E  
Encl:  (1) DD Form 149 w/attachments 
(2) HQMC memo 1000 RA of 18 Mar 20 (3) Subject’s naval record  

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure 
(1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to approve a 5-month extension and transfer to the Retired Reserve awaiting pay at age 60 effective 1 June 2020. 

2. The Board, consisting of               , reviewed Petitioner’s allegations of error and injustice on 13 April 2021 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: 

a. On 1 June 2014, Petitioner was advanced to Master Gunnery Sergeant/E-9. 

b. On 16 December 2019, Petitioner submitted a 5-month extension request. 

c. On 18 December 2019, Petitioner submitted request to transfer to the Retired Reserve awaiting pay at age 60. 

d. On 6 January 2020, Petitioner was discharged at his Reserve End of Current Contract (RECC). 

e. On 7 January 2020, Petitioner’s extension request was submitted by the command and was administratively closed by Headquarters Marine Corps because his RECC expired on 6 January 2020. 

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. Petitioner met the criteria to transfer to the Retired Reserve awaiting pay at age 60 but failed to complete the administrative requirements outlined in reference (b), thereby not providing sufficient time to process his requests prior to his RECC. Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, relief is warranted. 

RECOMMENDATION 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
Petitioner’s discharge effective 6 January 2020 is rescinded. 
Petitioner’s request to be transferred to the Retired Reserve awaiting pay at age 60 was approved by cognizant authority with an effective date of  2020. 

The part of Petitioner’s request for corrective action that exceeds the foregoing is denied. Petitioner earned sufficient time to retire; therefore, the Board was not compelled to honor his untimely request to extend his reenlistment for additional service time. 

A copy of this Report of Proceedings will 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. 

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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


5/11/2021 

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