From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER   XXX XX USMCR 
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) Title 10 U.S.C. § 12732 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) 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 be transferred to the Retired Reserve awaiting pay at age 60. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 16 February 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 28 April 1981, Petitioner enlisted into the U.S. Marine Corps Reserve. 
 
    b.  On 11 January 1993, Petitioner was assigned to extended active duty. 
 
    c.  On 15 March 2006, Petitioner was released from active duty and transferred to the Marine Corps Reserve. 
 
    d.  On 17 May 2006, Petitioner was issued Notification of Entitlement (NOE) to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan. 
 
    e.  On 16 July 2006, Petitioner was discharged at his Reserve End of Current Contract (RECC)  with 25 years of total years qualifying service. 

     f.  On 22 December 2020, Petitioner’s request for retired pay was approved with an effective date of  date of 60th birthday. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner met the basic eligibility criteria to transfer to the Retired Reserve awaiting pay at age 60 in accordance with reference (b) and received NOE.  However, the Board determined Petitioner did not receive the proper instructions to submit a request to transfer to the Retired Reserve awaiting pay at age 60 between the time he received the NOE and his RECC; therefore, under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s discharge dated 16 July 2006 is rescinded. 
 
Petitioner submitted request to transfer to the Retired Reserve awaiting pay at age 60 to cognizant authority in a timely manner; request was approved with an effective date of 1 July 2006.  Note:  Petitioner began receiving retired pay as a former member effective  
 
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. 
          
3/16/2021
Deputy Director