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) DODI 1215.06 
 (c) MCO 1900.16 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) HQMC memo 1820 MMSR-5 of 10 Aug 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 reflect transfer to the Retired Reserve and credit of  missing retirement points for anniversary year ending 8 November 2004. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 18 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.  Petitioner’s date of birth is 28 July 1961. 
 
    b.  Petitioner’s Pay Entry Base Date and Date Entered Armed Forces was 8 November 1983. 
 
    c.  Petitioner provided the Board with three NAVMC 799, Equivalent Instruction Report for 13 February 2004 (2 points) (not signed by authorizing authority), 14 February 2004 (2 points) (not signed by authorizing authority) and 13 March 2004 (3 points (unauthorized)). 
  
    d.  Petitioner issued Notification of Entitlement to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan (RCSBP) on 1 March 2008. 

    e.  On 28 October 2008, Petitioner was discharged at his Reserve End of Current Contract (RECC) with 20 total years of qualifying service for retirement. 
 
    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 for retirement 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, but failed to request retirement prior to the expiration of his contract, resulting in discharge at RECC.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, partial relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s discharge dated 28 October 2008 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 October 2008.  Note:  Commandant of the Marine Corps (MMSR-5) shall provide direction to Petitioner on requesting transfer to the Retired Reserve with-pay in accordance with reference (c). 
 
The part of Petitioner’s request for corrective action that exceeds the foregoing is denied.  Petitioner did not provide sufficient evidence for the Board to determine that the 27 non-pay points for the anniversary year ending 7 November 2004 did not contain the 7 points requested.  Additionally, the NAVMC 799, Equivalent Instruction Report submitted for 13/14 February 2004, were not signed by the authorizing authority and the form for 13 March 2004 claimed 3 points of which is not authorized by reference (b). 
                                                             
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.