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

Docket No. 9482-19  
Ref:   Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:  (a) Title 10 U.S.C. §1552 
      
Encl: (1) DD Form 149 w/attachments 
      (2) HQMC memo 1820 MMSR-5 of 17 Dec 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. 

2.  The Board, consisting of         , reviewed Petitioner’s allegations of error and injustice on 7 February 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 25 September 2017, Headquarters, U.S. Marine Corps issued Petitioner a notification of entitlement to retired pay at age 60 and eligibility to participate in the Reserve Component Survivor Benefit Plan (RCSBP). 

c.  On 7 February 2018, Headquarters, U.S. Marine Corps issued Petitioner a notification of auto-enrollment in the Reserve Component Survivor Benefit Plan (RCSBP). 

d.  On 10 July 2018, Petitioner executed a second NAVMC 321A (Agreement to extend enlistment) for 3 months, extending Petitioner’s Reserve End of Current Contract contract to 11 October 2018. 

e.  On 11 October 2018, Petitioner was discharged from the U.S. Marine Corps Reserve.  

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 finds the existence of an injustice warranting the following corrective action. The Board concluded that Petitioner was involuntarily separated at the expiration of his reserve contract with over 21 years of qualifying service.  Petitioner met the minimum of 20 years of satisfactory service in order to retire. 

RECOMMENDATION 

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

The record of discharge from the U.S. Naval Reserve effective 11 October 2018, is rescinded. 

The Agreement to Extend Enlistment (NAVMC 321A) executed on 10 July 2018 was for 4 months vice 3 months.  Note: this will establish a Reserve End of Current Contract of 11 November 2018. 

Petitioner was transferred to the retired reserve, without pay, effective 1 November 2018.  

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.