Docket No. 10032-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


Ref:  (a) Title 10 U.S.C. §1552 
      (b) MCO 1900.16 w/ch 2 

Encl: (1) DD Form 149 w/attachments 
      (2) HQMC memo 1820 MMSR-5 of 29 Jan 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 authorize transfer to Retired Reserve Awaiting Pay at Age 60 during May 2019. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on May 14, 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, finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b.  Marine Corps Total Force System (MCTFS) reflects Petitioner joined Selected Marine Corps Reserve (SMCR) and with pay entry base date as November 30, 1998 and date of birth . 

c.  On May 17, 2015, Petitioner reenlisted this date with Reserve Expiration of Current Contract (RECC) of May 16, 2019. 

d.  On November 1, 2015, Petitioner is promoted to First Sergeant E8 effective this date. 

e.  Petitioner failed to submit application for transfer to Retired Reserve Awaiting Pay at Age 60 prior to expiration of RECC per reference (b), and was discharged effective May 16, 2019. 

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 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. The Board determined the Petitioner failed to request for transfer to the Retired Reserve Awaiting Pay at Age 60 prior to the expiration of his reserve contract.  The Board concluded this administrative oversight was unintentional and Petitioner warrants relief. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

The record of discharge from the U.S. Marine Corps Reserve effective May 16, 2019, rescinded. 

Prior to May 1, 2019, the Petitioner requested transfer to the Retired Reserve Awaiting Pay at Age 60.  

Petitioner transferred to the Retired Reserve Awaiting Pay at Age 60 effective May 1, 2019 in the paygrade E8.  Petitioner’s 60th is birthday . 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

Note:  HQMC MMSR-5 will provide Petitioner DD Form 108 approximately 6 months prior to Petitioner’s 60th birthday per reference (b).  Petitioner reminded that Retired pay benefits must be requested, the process is not automatic. 

4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.