DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket
25 July 2001
No:4444-01
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
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 show that he transferred to the Retired Reserve vice
being discharged on 24 January 1988.
The Board, consisting of Mr. Adams, Mr. Chapman and Ms. Hare,
2.
reviewed Petitioner's allegations of error and injustice on 24
July 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
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
Petitioner was issued a Notification of Eligibility for
However, he continued to
On 25 January 1982 he reenlisted in
Retirzd Pay at Age 60 on 6 April 1972.
serve in the Naval Reserve.
the Naval Reserve for six years in the rate of MRCS (E-8) and
continued to serve on active duty as a reserve recruiter.
released from active duty on 30 September 1984.
in the Individual Ready Reserve until his discharge on 24 January
1988 at the expiration of his enlistment.
on 8 September 1991.
He was
He then remained
He became 60 years old
d.
Petitioner states, in effect,
that he has recently been
having trouble obtaining certain benefits because it has been
discovered that he was discharged and is drawing his retired pay
as a former member.
qualifying service, he thought his retirement was automatic.
He states that since he had over 30 years of
e.
The Board did not request an advisory opinion in this
However, the Board is aware that the Navy Personnel
case.
Command has routinely recommended corrective action in similar
cases when an individual was qualified for reserve retirement and
there is no explanation in the record why they were discharged
and not retired.
f.
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:
Since he was in good standing in the Naval Reserve and
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
would have been retired if he had requested it, the Board
concludes that the record should be corrected to show that he
Given
transferred to the Retired Reserve in the rate of MRCS.
the requirements of the Uniform Retirement Date Act, he should be
transferred to the Retired Reserve effective 1 January 1988 vice
Since he is over 60 years
being discharged on 24 January 1988.
old, the record should be further corrected to show that he
transferred to the Retired List on 8 September 1991 his 60th
birthday.
The Board further concludes that this Record 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 that
a.
he transferred to the Retired Reserve in the rate of MRCS on 1
The
January 1988 vice being discharged on 24 January 1988.
record should be further corrected to show that he transferred to
the Retired List on 8 September 1991 his 60th birthday.
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
ALAN 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),
behalf of the Secretary of the Navy.
has been approved by the Board on
Executive
3
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