Docket No. 8502-19
Ref: Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER    USMCR 
 
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 correct both Army and Marine Corps Certificate of Release or Discharge from Active Duty (DD Form 214’s). 
                                              
2.  The Board, consisting of       , reviewed Petitioner’s allegations of error and injustice on 27 August 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
    a.  On 29 September 1979, Petitioner joined the United States Army Reserve. 
 
    b.  Petitioner served in the active duty component of the United States Marine Corps from 12 February 1991 through 11 February 1995. 
 
    c.  On 12 February 1995, Petitioner affiliated into the United States Marine Corps Reserve. 
 
    d.  On 22 July 2001, Petitioner was discharged with 21 years, 3 months, and 20 days of total years qualifying service towards a Reserve Retirement. 
  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds there were no errors with regard to Petitioner’s Marine Corps DD Form 214, Certificate of Release or Discharge from Active Duty.  However, the Board found existence of an injustice warranting the following corrective action.  Petitioner met the eligibility criteria for a Reserve Retirement in accordance with reference (b); therefore, under these circumstances, partial relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s United States Marine Corps Reserve discharge dated 22 July 2001 is rescinded. 
 
Petitioner submitted request to transfer to the Retired Reserves awaiting pay at age 60; the request was approved with an effective date of 1 July 2001. 
 
Petitioner submitted request to transfer to the Retired Reserves with pay at age 60; the request was approved with an effective date of 23 April 2020.   
 
Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine retroactive pay entitlement. 
 
The part of Petitioner’s request for corrective action that exceeds the foregoing is denied.  The Board does not have the authority to correct DD Form 214 for service completed in the United States Army.  Additionally, Petitioner’s DD Form 214 for service in the Marine Corps correctly reflects active service time.  Service time in the Marine Corps Reserve is annotated on NAVMC HQ 509, Reserve Retirement Master Control Card not on DD Form 214. 
                                                             
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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.