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) MCO P1900.16F 
 
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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to authorize transfer to the Retired Reserve Awaiting Pay at Age 60.   
                                              
2.  The Board, consisting of Mr. , Mr. , and Ms.  reviewed Petitioner’s allegations of error and injustice on 31 August 2021 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.  Petitioner served on active duty from 29 July 1980 through 28 July 1984.  Upon release from active duty, Petitioner transferred to the Marine Corps Reserve until discharge on  
1 December 1999.   
 
     b.  On 22 April 2003, Petitioner enlisted in the Marine Corps Reserve. 
 
     c.  On 15 April 2008, Petitioner reenlisted for a term of 2-years; Reserve End of Current Contract (RECC) 14 April 2010. 
 
     d.  On 14 April 2010, Petitioner discharged at RECC.   
 
     e.  On 3 May 2010, Petitioner issued Notification of Entitlement to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan (RCSBP). 

     f.  On 16 October 2018, Petitioner issued Notification of Auto-enrollment in the Reserve Component Survivor Benefit Plan (RCSBP). 
 
     g.  Petitioner’s 60th birthday was on .    
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner met the eligibility criteria to transfer to the Retired Reserve awaiting pay at age 60, but failed to request retirement prior to the expiration of his contract, resulting in discharge at RECC.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, partial relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s discharge dated 14 April 2010 is rescinded. 
 
Petitioner submitted a request to extend 15 April 2008 reenlistment for a term of 1-month to cognizant authority in a timely manner; request was approved, new RECC 14 May 2010. 
 
Petitioner submitted request to transfer to the Retired Reserve Awaiting Pay at Age 60 to cognizant authority in a timely manner; request was approved with an effective date of 1 May 2010.  Note:  Commandant of the Marine Corps (MMSR-5) shall provide direction to Petitioner on requesting transfer to the Retired Reserve with-pay in accordance with reference (b). 
 
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. 

9/29/2021
Deputy Director