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

Docket No. 9582-19  
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 requested and was approved for transfer to the Retired Reserve Awaiting Pay Age 60. 

2. The Board, consisting of 		reviewed Petitioner’s allegations of error and injustice on 3 January 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 12 March 2016, Petitioner reenlisted for 2 years. 

c.  On 11 March 2018, Petitioner was discharged with 22 years, 9 months, and 18 days of qualifying service. 

d.  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 failed to submit his request for transferred to the Retired Reserve Awaiting Pay at Age 60 prior to the expiration of his contract due to oversight.  Furthermore, he had accumulated enough time to retire. 

RECOMMENDATION 

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

The record of discharge from the U.S. Marine Corps effective 11 March 2018, is rescinded. 

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

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.