DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1256-99
25 May 1999
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case
(3) Subject's naval record
Summary
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Naval Reserve
filed enclosure (1) with this Board requesting that his record be
corrected to establish eligibility for reserve retirement.
The Board, consisting of Mr. Zsalman, Mr. Milner and Ms.
2.
Nofzieger, reviewed Petitioner's allegations of error and
injustice on 18 May 1999 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Documentary material
The Board, having reviewed all the facts of record pertaining
3.
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.
Enclosure (1) was filed in a timely manner.
,"t age 17.
Petitioner enlisted in the Naval Reserve on 26 April
At that time he had completed eight years of
1955
education and attained a GCT score of 36, which placed him in
He then completed two periods of active duty
Mental Group IV.
from 6 February 1956 to 6 November 1957 and from 2 October 1961
He was honorably discharged on 25 April 1963
to 1 August 1962.
at the expiration of his enlistment.
In one of the
credited with five years of qualifying service.
non-qualifying years he was credited with 21 retirement points,
but he received only 15 membership points in the other two years.
At that time he was
d.
On 13 March 1976, after a break in service of almost 13
years, he enlisted in the Army National Guard.
that by 12 March 1990, he had earned 14 consecutive qualifying
The record shows
years for retirement.
not a qualifying year.
Reserve control group on 1 November 1991 and did not earn any
further qualifying years.
grade of SGT (E-5) on 12 March 1995.
The next year, ending on 12 March 1991 was
Petitioner transferred to the Army
He was honorably discharged in the
e.
Petitioner was 60 years old on 31 March 1998 and
However, this request was denied
requested his retired pay.
because he has only been credited with 19 years of qualifying
service.
He applied to the Board contending that a National
Guard record of service was in error because it did not show his
He contends that
first period of active service in the Navy.
with that period of service he would have 20 qualifying years.
However, he has also submitted a National Guard Annual Statement
which correctly shows all of his periods of active service.
annual statement shows that as of 12 March 1991 he was credited
with 19 years of qualifying service.
he earned no further qualifying years after 12 March 1991.
It has been verified that
The
CONCLUSION:
The Board believes that Petitioner must have thought he
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
had 20 qualifying years in 1991 because it was certainly not in
his best interest to quit drilling at that time with 19 years of
Further, there is no documentation to show
qualifying service.
that he was counseled on his situation by anyone in the National
Guard or the Army Reserve.
education, low score on the aptitude test, and the fact that he
was only a SGT after 14 years of service in the National Guard,
and believes that he may not have understood that he did not meet
the requirements for retirement.
Petitioner's Navy retirement points have been correctly recorded,
the Board concludes that a correction to his Navy record to
establish eligibility for reserve retirement is now warranted,
essentially as a matter of clemency.
The Board notes his limited
Although it appears that
Such action can be accomplished by transferring 29 retirement
points from the excess in previous anniversary years to raise the
total in the anniversary year ending 25 April 1959 to 50, making
it a qualifying year for reserve retirement.
With this change
Petitioner's records can be updated to show that he has 20
qualifying years.
The Board notes that Petitioner will be eligible for retired pay
as a former member since he has been discharged and not retired.
However, Petitioner must be retired from his last component.
Since the Board cannot correct Army records, Petitioner will have
to apply to the Army Board for Correction of Military Records if
2
he wants to have the record corrected to show reserve retirement.
The Board further concludes that this Report of Proceeding should
be filed in Petitioner's naval records so all future reviewers
will understand the retirement point change.
RECOMMENDATION:
That Petitioner's naval record be corrected by moving 29
a.
retirement points from the excess in previous anniversary years
to'the anniversary year ending 25 April 1959.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D.
Recorder
ZSALMAN
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
3
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