DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-S 100

JRE
Docket No. 1532-07
29 April 2008

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

Subj FORMER 
REVIEW OF NAVAL RECORD

Ref:	(a) 10 U.S.C. 1552

End:	(1) DD Form 149
(2)	NPC memo 5730 Ser: PERS-95/0280, 7 Feb 08
(3)	Miscellaneous records obtained from DVA

1.	Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show that he transferred to the Retired Reserve with entitlement to retired pay at age 60, vice being discharged from the Navy Reserve.

2.	The Board, consisting of Messrs. and reviewed
Petitioner’s allegations of error and injustice on 10 April 2008, 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, naval records, 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 which were available under existing law and regulations within the Department of the Navy.

b. Petitioner contends that he was ordered to stop drilling with his
Navy Reserve unit in April 2000 after he reported that
he had been diagnosed with prostrate cancer. He had completed over seventeen years of service qualifying for Reserve retirement at that time. He states he was advised that he would receive a “medical discharge”, but his unit did not submit the necessary paperwork to effect it. He believes that he would have established his entitlement to Retired Pay at age 60 had his case been processed correctly.

c.	In correspondence attached as enclosure (2) , the Board was advised by the Assistant Commander, Navy Personnel Command for Reserve Personnel Management (PERS-95), that at the time Petitioner was transferred to the Individual Ready Reserve (IRR), Selective Reservists who had between 15 and 20 years of service and were considered not physically qualified for retention were entitled to Reserve Transition Benefits, to include early qualification for retired pay at age 60. After review of the available records, PERS-95 was unable to substantiate whether Petitioner was in fact not physically qualified (NPQ) for retention at that time. Likewise, the reason for Petitioner’s transfer to the IRR is not documented. Therefore, PERS-95 could not support Petitioner’s request at that time. PERS-95 indicated that if Petitioner could provide more detained clinical information on the condition which he feels rendered him NPQ, another review would be conducted.

d. Records obtained from the Department of Veterans Affairs (VA) after the case was reviewed by PERS-95 indicate that on 13 December 1999, the VA granted Petitioner a disability rating of 100% for prostate cancer, effective 29 Maràh 1999, based on the presumed connection between the cancer and his exposure to Agent Orange while serving in Vietnam in the 1960’s. In a letter dated 9 April 2000, the director of a branch medical clinic advised Petitioner’s commanding officer that Petitioner was NPQ and should be transferred to a Records Review Status because of his prostate cancer. In a letter dated 1 June 2000, Petitioner was advised by his commanding officer that he was being processed for a determination of his physical qualification for retention in the Navy Reserve. He was directed to submit medical documentation, to include as a minimum a diagnosis, statement of present treatment, limitations, prognosis and estimated time of recovery. He was also advised that if he failed to provide the required information within thirty days of receipt of the letter, he was subject to administrative processing for noncompliance. Available records do not indicate whether Petitioner received the letter.

2

CONCLUSION:
Upon review and consideration of all the evidence of record, and accepting Petitioner’s contentions concerning the circumstances of the termination of his status in the Selected Reserve, the Board concludes that Petitioner should have been found NPQ for further service in 2000 and transferred to the Retired Reserve with early qualification for retired pay at age sixty. Accordingly, the Board recommends the following corrective action. -

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected to show that he was not transferred to the Individual Ready Reserve or discharged from the Navy Reserve.

b.	That his record be further corrected to show that he was transferred to the Retired Reserve effective 1 August 2000 with early qualification for retired pay at age 60, as provided for by the Reserve Transition Benefits then in effect.

c.	That a copy of this Report of Proceedings be filed at an appropriate location 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.

ROBERT D. ZSALMAN	JAMES R. EXNICIOS
Recorder	Acting Recorder

5.	The foregoing report of the Board is submitted for your review
and action.

	W. DEAN PFEIFFER
Executive Director