DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07154-09
°30 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF g
Ref: (a) 10 U.S.C. 1552
Encl: {1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy Reserve, filed enclosure (1)
with this Board requesting that his record be corrected to. show
that he transferred to the Navy Retired Reserve and the Retired
List vice being discharged on 8 October 19935.
2. The Board, consisting of Mr. #@§@iMe:, “. QUIN. and
Mr . igi: reviewed Petitioner's allegations of error and
injustice on 23 March 2010 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 available under existing law and
regulations within the Department of the Navy.
b. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
c. Petitioner enlisted in the Navy and was honorably
released from active duty and transferred to the Navy Reserve
where he served until he was discharged on 8 October 1995. At
that time, he was credited with 19 years, 2 months and 29 days of
qualifying service for reserve retirement.
d. With his application, he forwarded a copy of a letter
from Navy Personnel Command dated 18 June 2009, stating that his
request for retired pay was denied because he had not completed
at least 20 years of qualifying service. He became 60 years old
on 1 April 2008. ,
e. The Board did not request an advisory. opinion in this
case. However, the Board is aware that the Navy Personnel
Command has routinely recommended corrective action when an
individual is qualified for reserve retirement and was discharged
prior to requesting transfer to the Retired Reserve.
f. 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 following the date of separation.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief. He
was in good standing in the Navy Reserve and would have been
retired if he had 20 qualifying years and had requested it prior
to the expiration of his enlistment. Since it appears that he
may not have understood ail of his options to earn points and his
case may have not received sufficient attention, the Board
concludes that his record should be corrected to show that he is
qualified for reserve retirement and then transferred to the Navy
Retired Reserve and to the Navy Retired List in the rate of DT2
(paygrade E-5). Therefore, the Board finds that sufficient
retirement points from the excess over 50 points in prior
anniversary year beginning on 30 November 1990 and ending 29
November 1991 should be transferred into the anniversary year
beginning on 30 November 1991 and ending 29 November 1992, thus
make that a qualifying year for reserve retirement. He should
then be transferred to the Navy Retired Reserve and the Retired
List. Finally, given the requirements of the Uniform Retirement
Date Act, the retirement should be effective on 1 November 1995
vice 8 October 1995, now of record. Since he is now over 60
years old, the record should be further corrected to show that he
transferred to the Navy Retired List on 1 April 2008, his 60th
birthday.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner’s Navy record so that all future
reviewers will understand his status in the Navy Retired Reserve,
RECOMMENDATION:
a. That 30 retirement points be transferred from the excess
over 50 points in prior anniversary year beginning on 30 November
1990 and ending 29 November 1991 into the anniversary year
beginning on 30 November 1991 and ending 29 November 1992, to
make that a qualifying year for reserve retirement.
b. That Petitioner's naval record be corrected to show that
he transferred to the Navy Retired Reserve effective 1 November
1995, in the rate of DT2 (paygrade E-5), vice being discharged on
8 October 1995, now of record.
c¢. That he be placed on the Navy Reserve Retired List
effective 1 April 2008, his 60th birthday.
d. That this Report of Proceedings be filed in his naval
record.
4. Pursuant to Section 6(c} of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c) 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, Z2SALMAN BRIAN A GEOR ;
Recorder Acting Recorder
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 Regulation, 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.
Wudred)
W. DEAN PB 5B
Executive ctor
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