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 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) HQMC 1820 MMSR-5 of 14 Sep 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 extend Reserve Expiration of Current Contract (RECC). 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 15 October 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 17 August 2016, Petitioner reenlisted in U.S. Marine Corps Reserve for a term of 4-years while assigned to the Individual Ready Reserve (IRR).  RECC:  16 August 2020. 
 
     b.  On 16 January 2020, Petitioner created electronic personnel action request (EPAR) requesting transfer to Retired Reserve.  
 
     c.  On 4 February 2020 and 2 April 2020, Petitioner advised further administrative actions via extension of current contract prior to submission of retirement.   
 
     d.  On 30 July 2020, Petitioner is provided guidance on completing a retirement request and advised an extension request would be submitted for him. 
 
     e.  Petitioner earned, 19 total years of qualifying service (TYQS) during anniversary year ending 30 September 2019.
      
     f.  On 17 August 2020, Petitioner  is notified no further action can be taken on EPAR due to RECC of 16 August 2020. 
 
     g.  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. 
 
     h.  On 7 October 2020, Petitioner notified of the recommendation outline in enclosure (2).  Petitioner concurred with the recommendation on 13 October 2020. 
 
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 submit request to extend RECC in a timely manner resulting in him being discharged with 19 TYQS.  However, the Board felt under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s discharge on 16 August 2020 is rescinded. 
 
Petitioner submitted Marine Corps Reserve contract extension request to cognizant authority in a timely manner for a term of 9-months effective 17 August 2020; it was approved.  New RECC:  16 May 2021. 
                                                             
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.