From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) MCO 1900.16 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) HQMC memo 1820 MMSR-5 of 25 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 this Board requesting, in effect, that the applicable naval record be corrected to establish eligibility to transfer to Retired Reserve. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 5 November 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, 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 21 May 2014, Petitioner reenlisted for a term of 2-years. 
 
     b.  On 15 May 2015, Petitioner was issued Notification of Entitlement to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan (RCSBP). 
 
     c.  On 20 May 2016, Petitioner was discharged at the expiration of Reserve contract with 21-years, 3-months and 2-days of qualifying service to retire. 
 
     d.  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 eligibility criteria to transfer to the Retired Reserve awaiting pay at age 60; however, failed to submit a retirement request prior to the expiration of his Reserve contract in accordance with reference (b).  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 20 May 2016 discharge transaction is rescinded. 
 
Petitioner submitted request to transfer to the Retired Reserve awaiting pay at age 60 to cognizant authority in a timely manner; it was approved with an effective date of 1 May 2016.  Note:  Petitioner may be eligible to transfer to Retired Reserve with pay prior to age 60 in accordance with Title 10 U.S.C. § 12731. 
 
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.