Docket No. 7839-19  
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) HQMC memo 1820 MMSR-5 of 12 May 20 
      (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 count Reserve duty time toward retirement credits. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 May 2020 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 31 May 1974, Petitioner entered active duty. 

c.  On 30 May 1976, Petitioner was discharged. 

d.  On 4 December 1976, Petitioner entered the Marine Corps Reserve. 

e.  On 1 July 1996, Petitioner was discharged.  

f.  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 agreed that Petitioner met the minimum requirement of 20 years of qualifying years of service towards a Reserve Retirement in accordance with reference (b).  The Board finds the existence of an injustice warranting the following corrective action. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s discharge dated 1 July 1996 is rescinded. 

Petitioner submitted to be transferred to the Retired Reserves awaiting pay at age 60 and it was approved by cognizant authority with an effective date of 30 June 1996.  

Petitioner was transferred to the Retired Reserve with pay effective 30 October 2015. 

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.