DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
16 February 2000
5643-99
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj
REVIEW OF NAVAL RECORD OF LI
1 ~L..~._IT1IL IPILNI
Ref:
(a) Title 10 U.S.C. 1552
End:
(1) DD Form 149 w/attachments
(2) NPC Memo Pers 913 of 15 Jan 00
(3) Subject’s naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Navy filed enclosure
(1) with this Board requesting that his record be corrected to
show that he transferred to the Retired Reserve with eligibility
for retired pay at age 60.
The Board, consisting of Mr. Dunn, Mr. Pfeiffer and Ms.
2.
Gilbert, reviewed Petitioner’s allegations of error and injustice
on 8 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.
b.
c.
Enclosure (1) was filed in a timely manner.
The record shows that Petitioner was hospitalized from
Subsequently, Petitioner was
19 October 1997 to 24 October 1997 and the discharge diagnosis
was “acute psychotic episode”.
found not to be physically qualified for retention in the Naval
Reserve.
On 15 May 1998 he was informed that he had the cption
of requesting discharge or retirement under the provisions of the
Reserve Transition Benefit (RTB) program.
RTB program, as they apply to this case, allow retirement with
eligibility for pay at age 60 for individuals with over 15 years
of qualifying service who are found not physically qualified for
retention in the Naval Reserve.
At the end of the anniversary
The provisions of the
year on 28 August 1997, Petitioner was credited with 17 years, 11
months and 29 days of qualifying service for retirement.
Inexplicably, on 26 May 1998, he requested discharge.
There is
no discharge documentation in the record and the actual date of
discharge is unknown.
Petitioner states that he was discharged
on 5 May 1998.
discharge until 26 May 1998 and the 5 May 1998 date appears to be
incorrect.
However, as indicated, he did not request
d.
In his application, Petitioner states that he did not
understand his options because of his mental condition and the
medication he was taking.
opinion from the Navy Personnel Command which recommends that the
record be corrected to show that he transferred to the Retired
Reserve under the provisions of the RTB program.
At enclosure (2) is an advisory
CONCLUSION:
The Board notes that after being diagnosed as having an
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner’s request warrants favorable
action.
acute psychotic episode and being placed on medication, he may
not have understood his alternatives.
agrees with the recommendation in the advisory opinion to correct
the record to show reserve retirement under the provisions of the
RTB program.
confirmed by the service record.
that the discharge of 5 May 1998, or any other date in 1998,
should be canceled and the record should show that he transferred
to the Retired Reserve under the provisions of the RTB program on
1 June 1998 in the rate of MS2.
The Board notes that the discharge date cannot be
Accordingly, the Board
Therefore, the Board concludes
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 in the Retired Reserve.
RECOMMENDATION:
That Petitioner’s naval record be corrected to show that he
a.
was not discharged on any date in 1998 but transferred to the
Retired Reserve on 1 June 1998 under the provisions of the RTB
program in the rate of MS2.
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.
review and deliberations, and that the foregoing is a true and
2
complete record of the Board’s proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
E. GOLDSMITH
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
authority of reference (a), has been approved by the Board on
behalf of ~the Secretary of the Navy.
\
W
Executive Di
3
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