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

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 3 Jun 19
      (3) Subject’s naval record

Docket No. 4597-19
Ref: Signature Date

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 name is transferred from the “Participant” roll to the “Retired” roll.

2. The Board, consisting of	, reviewed Petitioner’s allegations of error and injustice on 9 August 2019 and, pursuant to its regulations, determined that the corrective action indicated below 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. On 26 January 1981, Petitioner enlisted in the Marine Corps Reserve for six years.

  c. On 28 July 1998, Petitioner reenlisted in the Marine Corps Reserve for four years (End of Active Service (EAS)/End of Current Contract (ECC) was 27 July 2002).

  d. On 6 October 2002, Petitioner was released from active duty and transferred to the Marine Corps Reserve.  Petitioner had completed 21 years of qualifying service on 1 October 2002.

  e. On 19 November 2002, a Notification Of Entitlement to retired pay at age 60 and eligibility to participate in the Reserve Component Survivor Benefit Plan (RCSBP). As of 16 October 2018, Petitioner had not responded.  Therefore, Petitioner was enrolled into Option “C”.

  f. On 16 January 2003, Petitioner was involuntarily separated and on the same day, Petitioner certified his MCTFS Basic Individual Record.
  
  g. 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 concluded that Petitioner completed over 20 years of qualifying service upon the end of his contract in July 2002.  It is unknown the circumstances which allowed Petitioner to continue to serve passed the end of his reenlistment contract that expired on 27 July 2002. Nevertheless, the Board also concluded that he continued to participate until his release from active service in October 2002, and until his discharge in January of 2003.

RECOMMENDATION

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

Petitioner executed an 8 month agreement to extend enlistment (NAVMC 321A) operative on 28 July 2002.

The record of discharge from the U.S. Marine Corps Reserve effective 16 January 2003 is rescinded.

Petitioner was transferred to the retired reserve, without pay, effective 1 January 2003 as a Gunnery Sergeant/E-7.  Note: Petitioner completed 21 years of qualifying service.

Petitioner submitted a request for retired pay at age 60 prior to  (60th birthday), and was approved by cognizant authority.

Note: Defense Finance and 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 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 Regulation, 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.













































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