Docket No. 11289-19
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:     
 
Ref:   (a) Title 10 U.S.C. §1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) HQMC memo 1820 MMSR-5 of 5 May 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 Reserve Retirement effective March 1, 2019. 
                                              
2.  The Board, consisting of        , reviewed Petitioner’s allegations of error and injustice on June 11, 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.  Marine Corps Total Force System (MCTFS) reflects Petitioner whose date of birth is April 25, 1969 joined Selected Marine Corps Reserve (SMCR) effective April 21, 1993 with a Pay Entry Base Date (PEBD) of July 6, 1993. 
 
     b.  On July 1, 2012 Petitioner is promoted to Master Sergeant (E8) effective this date. 
 
     c.  On March 3, 2019 Petitioner involuntarily discharged, convenience of the government at the end of Reserve contract with 21 satisfactory years of service and 21 total years of qualifying service. 
 
     d.  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 March 3, 2019, rescinded. 
 
Prior to March 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 March 1, 2019 in the paygrade E8.  Petitioner’s 60th birthday . 
 
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 and that the process is not automatic. 
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.