DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NA ’N ANNEX

WASHINGTON DC 203704100

TRG
Docket No: 6138-99
10 February 2000

From:
To:

Subj:

Ref:

Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

REVIEW OF

(a) Title 10 U.S.C. 1552

(1) DD Form 149 w/attachments
(2) BCNR ltr of 6 July 1988
(3) BCNR ltr of 16 
Dee 99 
(4) Subject's naval record

6 Petitioner's

ltr of 1 Jan 00

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 retired pay at age 60.

The Board, consisting of Mr. Pfeiffer, Ms. Madison and Ms.

2.
Taylor, reviewed Petitioner's allegations of error and injustice
on 1 February 2000 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.

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.

Enclosure (1) was filed in a timely manner.

b-
C .

Petitioner was honorably discharged from the Navy on 19

December 1977 after 11 years,
active service.
years for reserve retirement on a prior enlistment.
of his separation Petitioner was an EN1 (E-6) and had served in
that rate since 1 May 1971.

In addition he had three additional qualifying

10 months and 17 days of continuous

At the time

d.

Petitioner enlisted in the Naval Reserve on 28 October

1982 for two years in the rate of EN2 (E-5) after a break in
service of almost five years.
enlistment for two years.
Reserve on 6 October 1986 for six years.
anniversary year ending 27 October 1987 he was credited with 19

He subsequently extended that
Petitioner reenlisted in the Naval

At the end of the

years, 10 months and 17 days of qualifying service for reserve
retirement.

e.

During the second quarter of 1987 Petitioner stopped

He was so discharged on 30 November 1987.

Apparently not realizing that he had 19 years of

drilling.
qualifying service and was not a mandatory driller, his reserve
unit processed him for discharge under other than honorable
conditions due to unsatisfactory participation in the Naval
Reserve.
letter in the record addressed to Petitioner, dated 18 November
1985, informing him that in addition to 20 qualifying years he
had to have the last eight years of qualifying service in the
It also informed him that he would not be
reserve component.
eligible for reserve retirement unless he earned qualifying years
until 27 October 1990.
letter, or understood it if he did receive it, is unknown.

Whether or not Petitioner received this

There is a

f.

Petitioner applied to the Board in 1988 requesting that
the discharge be canceled and that the record show that he
On 14 June
transferred to the Individual Ready Reserve (IRR).
1988, based on a favorable recommendation from the Navy Military
Personnel Command, the Board concluded that Petitioner's record
should be corrected as follows:

. 

. The Board concludes that the discharge under other

. 
than honorable conditions issued on 30 November 1987,
.and all related material and entries in the record,
should be canceled and removed from Petitioner's naval
record.

In this regard, the Board notes the informal

The Board further concludes that in view of his 19
years of good service, Petitioner should have been
transferred to the IRR vice discharged on 30 November
1987.
input from NMPC to the effect that transfer to the IRR
would be appropriate.
Petitioner's poor drill attendance are unknown, the
erroneous adverse discharge and his otherwise good
service leads the Board to conclude that a
recommendation for future affiliation in the Naval
Reserve is appropriate at this time.

Although the reasons for

On 14 July 1988 the Assistant Secretary of the Navy (Manpower and
Reserve Affairs) approved the foregoing action of the Board.
foregoing Report of the Board's Proceedings was provided to
Petitioner, however, he did not earn any additional qualifying
years.
the six year enlistment contract of 6 October 1986.
honorably discharged on 5 October 1992 at the expiration of that
enlistment in the rate of EN2.

Since his discharge had been canceled he was restored to

He was

The

2

IA.

f.

In 1999 as he was approaching age 60, Petitioner sent a

retirement request to the Naval Reserve Personnel Center, New
This request was apparently denied because he did
Orleans, 
not have 20 qualifying years for retirement and he did not have
the required years of qualifying service in the reserve
After this denial, Petitioner submitted an
component.
He apparently still does not
application to the Board.
understand the extent of his problem because he only asks to be
credited with additional points so that he will have 20
qualifying years.

He became 60 years of age on 14 December 1999.

.

On 16 December 1999 the Board sent Petitioner a letter

point!ng out that he had been informed in 1988 of the
requirements he needed to fulfill to qualify for retirement and
asking him to explain why he took no action in this regard. A
copy of this letter is at enclosure (3).

h.

Also at enclosure (3) is Petitioner's response to the 16

Petitioner states that he attempted to

December 1999 letter.
reaffiliate but was told by the reserve center that he had
already been transferred to the Retired Reserve because he was an
E-5 with over 18 years of service.
further action.
corrected at that time to show that he was in the IRR.

It is not known if the record had actually been

Accordingly, he took no

i.

The Board is aware that the Uniform Retirement Date Act,

5 U.S.C. 8301 requires that the effective date of any retirement
be the first day of the month.

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board notes that Petitioner completed 19 years, 10
action.
months and 17 days of qualifying service for reserve retirement
but is not eligible for retirement.
was on notice of the retirement requirements and he could have
earned retirement during the period after the previous corrective
action:
However, he may have received incorrect advice in 1988
when he reported to a reserve unit, and the Board believes that
he still does not completely understand the requirement that the
last eight years of qualifying service be in the reserve
component.
Petitioner 
for retirement.
should be corrected to establish eligibility for reserve
retirement.

the Board believes that if
Given the circumstances,
had understood his situation he would have qualified
Therefore, the Board concludes that the record

It is clear that Petitioner

The best way to accomplish this action is to correct the two year

3

enlistment in the Regular Navy of 23 December 1975 to show that
The record should
it was an enlistment in the Naval Reserve.
corrected by transferring sufficient retirement points
also be
(31 or the minimum required) from the excess over 50 in prior
anniversary years to the anniversary year ending 27 October 1988.
With these corrections,
years of qualifying service in the reserve component, will have
20 qualifying years for retirement,
retired pay at age 60.
Finally, the record should be corrected
to show that he transferred to the Retired Reserve on 1 November
1988.
and was not reduced for cause but was an EN2 at the time of
retirement, the Board defers the issue of his rate on retirement
to the Naval Reserve Personnel Center (NRPC).
60 years of age on 14 December 1999.
transferred to the Retired List on that date.

Since he served over six years on active duty as an EN1

Petitioner will have the last eight

and will be eligible for

Petitioner became

Therefore, he should be

The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand his status on the Retired List.

RECOMMENDATION:

a.
That Petitioner's naval record
he reenlisted in the Naval Reserve
years vice the reenlistment in the

be corrected to show that
on 23 December 1975 for two
Regular Navy now of record;

That Petitioner's naval record
b.
transferring sufficient retirement
in prior anniversary years to raise the
year ending 27 October 1988 to 50, thus
year for retirement;

be further corrected by
points from the excess over 50
total in the anniversary
making it a qualifying

That Petitioner's record be further
C .
transferred to the Retired Reserve on 1
Retired List on 14 December 1999 with the rate on retirement
being determined by NRPC; and

corrected to show that he
November 1988 and to the

That this Report of Proceedings be filed in Petitioner's

d.
naval 

.record.

It is certified that a quorum was present at the Board's

4.
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.  
Recorder

ZSALMAN

ALAN E. 
Acting Recorder

GoLDSMITH

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.