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

Docket No. 7448-19  
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) MCO P1900.16E 

Encl: (1) DD Form 149 w/attachments 
      (2) HQMC email of 30 Sep 19 
      (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 show Petitioner requested transfer to the Retired Reserve. 

2.  The Board, consisting of    , reviewed Petitioner’s 
allegations of error and injustice on 22 October 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 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 8 June 1999, Petitioner’s Notification of Entitlement to Retired Pay at age 60 and eligibility to participate in the Reserve Component Survivor Benefit Plan (RCSBP) letter was published. 

     c.  On 1 November 2011, Petitioner was notified that he was discharged with 20 or more years of qualifying service towards a retirement in the U.S. Marine Corps Reserve.

     d.  On 12 July 2016, Petitioner turned 60.

     e.  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) and reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner had completed 21 years of satisfactory service.  Even though there is no evidence that he submitted a request for retirement the Board felt that relief is warranted. 

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 16 October 2001, is rescinded. 

Petitioner was transferred to the retired reserve, without pay, effective 1 October 2001.  

Petitioner submitted a request for retired pay at age 60 prior to 12 July 2016 (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. 


2/18/2020