From:   Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER    
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) MCO P1900.16D 
 
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 this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner transferred to the Retired Reserves awaiting retired pay at age 60. 
                                              
2.  The Board, consisting reviewed Petitioner’s allegations of error and injustice on 26 June 2019 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 the 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.  On  29 November 1988, Petitioner completed 20 qualifying years. 
 
     c.  On 10 November 1991, Petitioner was involuntarily separated at the expiration of his reserve contract. 
 
     d.  On 5 December 1991, Headquarters, U.S. Marine Corps issued Petitioner a Notification of Entitlement to retired pay at age 60 and eligibility to participate in the Reserve Component Survivor Benefit Plan (RCSBP).          
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  Due to possible oversight on both the Marine Corps and Petitioner, Petitioner was separated at the end of his contract.  

RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s discharge dated 10 November 1991 is rescinded. 
 
Petitioner was transferred to the retired reserve, without pay, effective 31 October 1991.   
 
Petitioner submitted a request for retired pay at age 60 prior to   (60th birthday), and was approved by cognizant authority.   
 
Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances.  
                                                             
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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.