DEPARTMENT OF THE NAVY
BOARD FOR
CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
TRG
841-01
Docket No:
19 September 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1) Case Summary
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
commissioned officer in the United States Naval Reserve
filed an application with this Board requesting that his record
be corrected to show that he was retired vice being discharged
under the provisions of the Special Separation Bonus (SSB)
program.
The Board, consisting of Mr. Pfeiffer, Mr. Cooper and Mr.
2.
Adams, reviewed Petitioner's allegations of error and injustice
on 12 September 2001 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.
Although it appears that Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
C .
Petitioner was honorably discharged from enlisted status
He then served in an outstanding manner
on 30 June 1983 in the rate of AEC (E-7).
ensign on 1 July 1983.
for about 10 years and was promoted to LT (O-3).
honorably discharged on 1 July 1993 under the provisions of the
SSB program and was paid
The SSB program required
that Petitioner be issued a reserve commission.
Subsequently,
while in the Individual Ready Reserve (IRR), he was promoted to
LCDR (O-4).
$119,452.32.
He was commissioned an
He was
d.
Petitioner states in his application that his squadron
was being decommissioned in September 1993 and if he had accepted
orders, he would have been obligated for an additional two years
of active duty.
In deciding to be discharged with SSB, he relied
on a computation of service which showed that he had completed 19
years and 5 months of active service.
In 1999, he was provided
with a corrected statement of service which shows 19 years, 11
months and 14 days of active service.
if had understood that he was only 16 days from being able to
retire with 20 years of active service, he would not have
accepted the SSB and would have served the 16 days and retired.
Petitioner contends that
e.
Attached to enclosure (1) is an advisory opinion from
the Officer Retirement Branch in the Navy Personnel Command which
states, in part, as follows:
.
. Although (Petitioner) feels it was the Navy's
.
mistake for miscalculation of his active service, it is
the member's responsibility to ensure his DD 214 is
accurate before signing.
Since (Petitioner) received a lump sum of
$119,452.32 upon separation from active duty and that
fact that he was not qualified for retirement effective
1 July 1993, we recommend disapproval of his request.
f.
Petitioner states in his rebuttal that he served in the
1960's, which included a period of five
Naval Reserve in the
months and 10 days active service, which was not included in the
computation of his service.
this service included in his record.
questioned the computation of service at the time of his
discharge, but the retirement branch insisted that the
computation was correct.
There is no documentation concerning
He also states that he
g-
The Board is aware that the Uniform Retired Date Act 5
U.S.C. 8301 requires that the effective date of any retirement be
the first day of the month.
if the record is corrected to show retirement vice discharge, the
SSB payment must be recouped from Petitioner's retired pay.
In addition, the Board is aware that
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board believes that had Petitioner's length of
service been properly computed and had he been properly advised,
he would have remained on active duty to qualify for retirement.
Accordingly, the Board believes he was unjustly discharged with
2
.
SSB instead of being permitted to remain on active duty for the
16 days necessary for retirement.
that the record should be corrected to show that he retired from
the Navy vice being discharged with SSB.
accomplished by correcting the record to show that he was not
discharged with an SSB payment on 1 July 1993 but continued to
serve until he retired from the Navy.
Retirement Date Act requires retirement on the first of the
month, he should be retired on 1 August 1993.
promoted to LCDR until after that date he should be retired in
the grade of LT.
Since the Uniform
This can be
Therefore, the Board concludes
Since he was not
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the circumstances of his case.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that he
cas not discharged with an SSB payment on 1 July 1993 but
continued to serve on active duty until he retired on 1 August
1993 in the grade of LT.
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
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D.
Recorder
ZSALMAN
Acting Recorder
The foregoing report of the Board is submitted for your
5.
review and action.
Reviewed and approved:
NOV 2 8 2001
-
3
G . LYNCH
.wSEPH
Assistant General Counsel
v.
(Manpower And Reserve Affairs)
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