Docket No. 5444-20
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER    USMCR  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) MCO 1001R.1J 
       (c) SECNAVINST 1920.6C 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) HQMC memo 1820 MMSR-5 of 24 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 this Board requesting, in effect, that the applicable naval record be corrected to reflect break in service from 14 May 2011 through 10 August 2015.  Additionally, change unsatisfactory participation to satisfactory from 10 October 2009 through 13 May 2011. 
                                              
2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 15 September 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.  In accordance with reference (b), one of the criterions for transferring officers who have completed their military service obligation to the Inactive Status List (ISL) is their failure to maintain at least 27 retirement points during the previous anniversary year.  Per reference (c), one of the criterions for honorably discharging a Reserve officer in an inactive status is the officer has been assigned to the ISL for at least 1-year. 
 
     b.  On 16 February 2011, Petitioner issued notification of impending transfer to the ISL.  Petitioner earned 15 membership points for anniversary year 10 October 2009 through 9 October 2010. 
 
     c.  On 14 May 2011, Petitioner was transferred to the ISL. 
 
     d.  On 5 June 2012, Petitioner issued notification of impending discharge from the U.S. Marine Corps Reserve after being assigned to the ISL for at least 1-year. 
 
     e.  On 11 August 2015, Petitioner was transferred from the ISL to the Individual Ready Reserve (IRR). 
 
     f.  On 19 April 2018, Petitioner issued notification of mandatory removal date (MRD) of  
1 June 2020.    
 
     g.  On 1 July 2020, Petitioner was discharged. 
 
     h.  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 failed to maintain participation requirements to earn qualifying years of retirement in accordance with reference (b) because of personal matters.  However, the Board determined Petitioner was erroneously retained in the ISL after being notified of his impending discharge in 2012.  Although the proper administrative requirements were not completed, 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 was discharged from the Inactive Status List on 14 May 2012. 
 
Petitioner submitted request for affiliation in the U.S. Marine Corps Reserve IRR status to cognizant authority; it was approved with an effective affiliation date of 11 August 2015.  Note:  Petitioner must meet all mental and physical requirements for commissioning.  Upon meeting the aforementioned requirements, Petitioner’s MRD is “1 September 2023”. 
 
Petitioner’s discharge of 1 July 2020 is rescinded, 
 
The part of the Petitioner’s request for corrective action that exceeds the foregoing is denied. Petitioner failed to participate in accordance with reference (b) to garner the required points to receive a qualifying year of service for retirement and therefore, there was no error in adjudicating anniversary years 10 October 2009 through 9 October 2010 and 10 October 2010 through 9 October 2011 as unsatisfactory. 
 
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.