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

Docket No. 7508-19  
Ref: Signature Date 
 
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) HQMC memo 1820 MMSR-5 of 5 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 transferred to the Retired Reserve Awaiting Pay at age 60 with an effective date of 1 July 2019. 

2.  The Board, consisting of        , reviewed Petitioner’s 
allegations of error and injustice on 20 September 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 16 November 1990, Petitioner enlisted in the U.S. Marine Corps Reserve for 8 years.

     c.  On 11 July 2019, Petitioner and Petitioner’s command issued a late request transfer to the retired reserve awaiting pay at age 60 signed on 19 July 2019 due to an administrative oversight and erroneous entry (the diary entry failed). 

     d.  On 20 July 2019, Petitioner was discharged at the expiration of his reserve contract.

     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), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded it was Petitioner’s intent to retire prior to his expiration of his contact; however, due to an administrative oversight and erroneous entry (the diary entry failed), he was involuntarily discharged. 

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 20 July 2019, is rescinded. 

Petitioner was transferred to the retired reserve, without pay, effective 1 July 2019.  Note: Petitioner completed over 20 years of qualifying service as a Master Sergeant.
   
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 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. 


1/13/2020