DEPARTMENT OF

 

THEi, NAVY

BOARD FOR  

CORRECTI@  OF NAVAL   RECORD S

2 NAVY ANNEX

WASHINGTON DC

 

20370-5100 TRG

Docket No: 123-00
11 July 2001

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

RECORD OF

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

(1) Case Summary
(2) Subject's naval record

From:
To:

Subj:

Ref:

Encl:

1.
Pursuant to the provisions of reference (a), Petitioner, a
former commissioned officer in the United States Naval Reserve
filed an application with this Board requesting that his record
be corrected to show that he transferred to the Retired Reserve
vice being discharged on 8 April
and then to the Retired List,
2000.

The Board, consisting of Mr.  

2.
Hare, reviewed Petitioner's allegations of error and injustice on
26 June 2001 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.

Documentary material considered by

Mazza, Mr. Harrison and Ms.

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.

Petitioner's application was filed in a timely manner.

C .

Petitioner graduated from the Massachusetts Maritime

Academy on 28 July 1963 and accepted a commission as an ensign in
the Naval Reserve on 30 September 1963.
He then served as
Merchant Marine officer for over 20 years and was master of
merchant vessels for many years.
time, he was unable to attend drills but earned points in many
years by completing correspondence courses.
him to be considered for promotion, however, he did not earn any
qualifying years for retirement for over 18 years.

Since he was at sea most of the

These points allowed

In the seven anniversary years beginning on 10 September

1982 through 9 September 1989 he was a drilling reservist and

d.

earned qualifying years for reserve retirement.
anniversary year he was only credited with four drills, but  was

In the next

4

also credited with 100 points from correspondence courses and
points from annual training and active duty, which resulted in
another qualifying year.
from 28 August 1990 through 28 February 1995. At the end of the
anniversary year on 9 September 1995 he had accumulated 13 years
of qualifying service for reserve retirement.

e.

During his period of active service Petitioner was

He was also awarded a Legion of Merit for his

awarded a Meritorious Service Medal for his performance in
chartering merchant vessels in support of Operation Desert
Shield/Storm.
"outstanding service as the Maritime Policy and Merchant Marine
Reserve Branch Head and as Special Assistant for Merchant Marine
and Maritime Affairs, Deputy Chief of Naval Operations
(Logistics), Washington, D. C. from March 1991 through February
1995."
On 11 October 1995 Petitioner was issued two year orders
as commanding officer of a reserve unit and subsequently earned
another qualifying year.

f.

A letter of 3 September 1996 from the Bureau of Naval

Personnel (BUPERS) essentially stated that since he was a captain
with over 30 years of service who was not qualified for reserve
retirement, his discharge was required on 1 November 1996.
letter also informed him that if this action resulted in his
involuntary transfer from the selected reserve, he might be
eligible for benefits under the Reserve Transition Benefits (RTB)
Program.
under the provisions of the RTB.

On,28 September 1996 Petitioner requested retirement

The

g.

Petitioner continued to earn retirement points in the

anniversary year beginning on 10 September 1996 and has been
credited with 51 retirement points during the period from 10
September 1996 to 1 November 1996.
On 18 February 1997 the
Reserve Readiness Command issued orders transferring him from a
pay status to a volunteer training unit while he was awaiting
retirement orders, retroactively to 1 November 1996.
In a
separate action, BUPERS transferred him to the standby reserve
(S-2) status on 1 November 1996 vice discharging him.
Apparently, Petitioner remained assigned to the VTU until 1
November 1999, when he was transferred to the Individual Naval
Reserve (IRR), retroactive to 1 November 1996.
discharged on 8 April 2000, his 60th birthday.

He was honorably

h.

Attached to enclosure (1) is a Statement of Service for

Naval Reserve Retirement which shows that at the end of the
anniversary 
years of qualifying service for retirement.
anniversary year he earned 51 retirement points.

year'on 9 September 1996, he was credited with 14

In the next

However, this

2

is not a qualifying year because
anniversary year stopped with his transfer to S-2 status on 1
November 1996.
from 10 September to 1 November 1996.

+ the accumulation of time in the
He has been credited with the 1 month and 21 days

i.

Attached to enclosure (1) is an advisory
the Naval Reserve Personnel Management Department
The opinion states, in part, as follows:
BUPERS.

opinion from
(Pers 9) in

On 1

. 

Because MMR

Because of this fact he could

. Prior to 1 October 1996, reserve captains were

. 
required to be involuntarily separated upon completion
of 30 years of commissioned service and two failures of
selection for promotion to flag rank.
(Merchant Marine Reserve) officers did not have
opportunity to promote to flag rank (Petitioner) never
failed of selection.
expect to remain a Ready Reservist until voluntary
retirement or involuntarily separation at age 60.
October 1996 this changed when ROPMA became law. . . . .
Captains with 30 years of commissioned service were now
required to be either retire(d) or be discharged
regardless  of failures of selection.
At this point
(Petitioner) having completed more than 30 years of
commissioned service, was immediately subject to this
provision of law.
years of qualifying service, he was ineligible for
transfer to the Retired Reserve and was to be honorably
discharged.
We transferred (Petitioner) to USNR-S2
status on 1 November 1966 to give him an opportunity
before final discharge to search his records to find
any additional documentation that might qualify him for
retirement. . . . . 

Because he had only completed 14

%

. 

. 

. Apparently,

Naval Reserve Center Washington D. C.,

. Normally the unit transfers officers requesting
. 
RTB to the VTU pending adjudication of their request
. . 
unaware of (Petitioner's) USNR-S2 status, transferred
him to the VTU where he remained until 1 November 1999.
We, in the member's best interest, took no further
action regarding his USNR-S2 status until 9 April 2000,
when by law his discharge was required at age 60. At
no time between 1 November 1996 and the date of his
discharge was (Petitioner) authorized nor did he
actively participate in any way in the Naval Reserve
included the SELRES, IRR, and VTU.

. . . . The above mentioned actions should have been of no
surprise to' (Petitioner).
him from 1990 through 1996 regarding his retirement
eligibility.

He was aware of his situation and we kept

We had worked closely with

3

him informed as legislative'and policy changes
occurred.
eligibility and that our response to his petition
cannot be favorable.

We regret he was unable to attain retirement

j.

Petitioner has submitted a lengthy rebuttal to the

advisory opinion.
He explains the history of the reserve
Merchant Marine program and points outs that it was nearly
impossible to earn qualifying years while serving on board
merchant vessels, and qualifying years were possible only if the
He points out that he lost his
individual was employed ashore.
command billet because of ROPMA, but subsequently earned enough
points to earn a qualifying year prior to his transfer to S-2
status.
that the transfer to the VTU was valid, and did not find out
otherwise until 1999.
He notes that since his discharge was
required on 1 November 1996, there was no basis for his
continuation in the Naval Reserve after that date.
He believes
the Naval Reserve must have lost contact with his situation until
he attempted to resolve his status in 1999.

He states that he was unaware of this transfer, thought

k.

Petitioner apparently submitted a copy of his rebuttal
Pers 9.
After a review of the chronology of service prepared
Petitioner, Pers 9 noted that he earned 32 retirement points
the anniversary year ending 9 September 1975 and, in addition,
apparently completed a 20 day course in Marine Cargo

to
by
;:
Operations. Pers 9 has informed the examiner that if the Board
believes that these points should be credited or other action is
taken to bring him to 15 years of qualifying service, they would
then support retirement under the RTB.

The Board is 

>aware that the RTB regulations allowed

1.

early retirement for individuals with 15 years of qualifying
service who were involuntarily terminated from their reserve
billets.

CONCLUSION:

The Board notes Petitioner had over five years of

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
outstanding service with the Military  
Chief of Naval Operations which resulted in the award of the
Meritorious Service Medal and the Legion of Merit.
The Board
also notes that Petitioner earned sufficient points in his last
anniversary year to make that year qualifying for retirement
except for his transfer to S-2 status.
Pers 9 comments 'to the effect that he may have earned a
qualifying year in 1975.
Given the circumstances, the Board
concludes that the record should be corrected to establish his

Sealift Command and the

Finally the Board notes

4

eligibility for retirement  

under

4

the RTB program.

The Board believes that the best way to accomplish this action is
to transfer 35 retirement points from the anniversary year which
ended on 30 October 1996, with his transfer to S-2 status, to the
anniversary year ending 9 September 1982.
With this transfer of
points and the addition of the 15 points already credited,
Petitioner will have a qualifying year and, at the end of the
anniversary year on 9 September 1996,
qualifying service and be eligible for RTB.
then be corrected to show that instead of being transferred to
2 status, he transferred to the Retired Reserve effective 1
November 1996 with eligibility for retired pay at age 60.
Petitioner is now 60 years old, the record should be further
corrected to show that he transferred to the Retired List on 8
April 2000, his 60th birthday,
vice being discharged on that
date.

he will have 15 years of
The record should

Since

 

S-

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:

That Petitioner's naval record be corrected to show by

a.
transferring 35 retirement points from  
beginning on 10 September 1996 to the anniversary year ending on
9 September 1982.

the.anniversary  year

b.
That Petitioner's naval record be corrected to show that he
transferred to the Retired Reserve effective 1 November 1996 in
the grade of CAPT under the provisions of the RTB program, with
eligibility for retired pay at age 60, and that the record be
further corrected to show that he transferred to the Retired List
on 8 April 2000 vice being discharged on that date.

That this Report of Proceedings be filed in Petitioner's

C .
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.

//a

ALANE. GOLDS
Acting Recorder

ROBERT D. ZSALMAN
.
Recorder

5.

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. DEAN P
Executive