DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 2230-19  
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) Title 10 U.S.C. §12731 

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’s retirement request was approved by cognizant authority effective 1 December 2009.   

2.  The Board, consisting of       , reviewed Petitioner’s 
allegations of error and injustice on 29 May 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 26 October 1984, Petitioner enlisted in the Marine Corps Reserve. 

     c.  On 1 November 2005, Petitioner was promoted to E-8. 

     d.  On 7 December 2006, Petitioner received his notification of entitlement to retired pay at age 60 and eligibility to participate in the reserve component Survivor Benefit Plan (RCSBP). 

     e.  On 1 July 2009, Petitioner executed a 4-month NAVMC 321a (Agreement to extend enlistment) in order to transfer to the Reserve retired list.   

     f.  On 2 December 2009, Petitioner was discharged from the Marine Corps Reserve. 

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.  Petitioner executed an extension to his reenlistment in order to submit his retirement request; however, due to administrative oversight, the Marine Corps failed to process the request. 

RECOMMENDATION 

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

Petitioner’s discharge from the U.S. Marine Corps effective 2 December 2009, is rescinded
 
Petitioner was transferred to the retired reserve, without pay, effective 1 December 2009. Note: Petitioner completed 22 years of satisfactory service. 

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. 


10/2/2019