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) 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 Retired Reserve awaiting pay at age 60. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 10 November 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 18 October 1995, Petitioner accessed into the Marine Corps.   
 
     b.  On 6 October 2007, Petitioner was released from active duty and transferred to the Marine Corps Reserve. 
 
     c.  Petitioner reenlisted on 19 February 2016 for a term of 3-years and subsequently executed an 8-month extension.  End Current Contract (ECC):  18 October 2019.  
 
     d.  On 19 September 2019, Petitioner was issued Notification of Entitlement to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan (RCSBP). 
 
     e.  On 18 October 2019, Petitioner was discharged at ECC with 20 total years of qualifying service for retirement. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, 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.  However, Petitioner failed to request retirement prior to the expiration of his contract, resulting in discharge at ECC.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s discharge dated 18 October 2019 is rescinded. 
 
Petitioner submitted request to transfer to the Retired Reserve awaiting pay at age 60 to cognizant authority in a timely manner; it was approved with an effective date of 1 October 2019.   
                                                             
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.