DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0 TRG

Docket No:
3 December 2001

5577-01

From:
To:

Subj:

Ref:

Encl:

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

OF

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

(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record

Pursuant to the provisions of reference (a), Petitioner, a

1.
retired Naval Reserve Officer filed enclosure (1) with this Board
requesting that his record be corrected to show that he is
entitled to retired pay at age 60.

The Board, consisting of Mr. Dunn, Mr. Neuschafer and Ms.

2.
Schnittman, reviewed Petitioner's allegations of error and
injustice on 14 November 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.

Documentary material

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 commissioned in the Regular Navy on 20

Octob:; 1967.
active enlisted service.
until he was honorably discharged on 30 June 1978.
he was credited with 16 years,
service.

At that time, he had completed over five years of
Petitioner then served on active duty

4 months and 17 days of active

At that time

d.

Petitioner was commissioned in the Naval Reserve on 1

Subsequently, he was promoted to LCDR (O-4) and to
Petitioner has provided a statement of service, dated

July 1978.
CDR (O-5).
30 March 1987, prepared by the Naval Reserve Personnel Center
that shows that during the period 1 July 1978 until his transfer
to the Retired Reserve on 1 October 1985, he earned five years
and three months of qualifying service for reserve retirement.
There are two years in which he was not credited with the 50
retirement points necessary to make those years qualifying. At
the time of his transfer to the Retired Reserve he was credited
with 23 years, 1 months and 14 days of qualifying service.
However, he is not eligible for reserve retirement because the
last eight qualifying years were not in the reserve component.

e.

The foregoing statement of service was forwarded to
Petitioner on 30 March 1987 so that he could verify his naval
reserve participation.
had over 23 years of qualifying service.
were checked indicating that he had the last eight years of
qualifying service in the reserve component and a Notification of
Eligibility for Retired Pay at Age 60 had been issued.

As indicated, the statement shows that he

In addition, blocks

f.

Petitioner states that in 1985 he was advised that he
met all of the requirements for reserve retirement, and elected
to retire effective 1 October 1985.
statement of service which indicated that he had met all of the
requirements for reserve retirement.
he was eligible for retirement and took no further action until
he requested his retired pay to start on 29 December 2001, his
He was then informed that he was not eligible
60th birthday.
because he did not have the last eight years of qualifying
service in the Naval Reserve.

After that, he received the

Therefore, he believed that

CONCLUSION:

The Board believes that Petitioner thought he was

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
eligible for reserve retirement, and the statement of service
could be construed as confirming his eligibility.
Board concludes that an injustice has occurred and the record
should be corrected to establish his eligibility for retired pay
at age 60.

Therefore, the

The Board believes that the best way to correct the record is to
transfer sufficient points from the excess over 50 in the
qualifying years, into the two years which are not qualifying,
thus raising the point totals in those years to 50.
correction, Petitioner will have seven years, three months of

With this

2

The record should be further corrected to

qualifying service.
show that he did not transfer to the retired reserve on 1 October
1985 but continued to serve until he transferred to the Retired
He should be credited with sufficient
Reserve on 1 July 1986.
nonpay drills in this year to make it qualifying for reserve
retirement.
years of qualifying service with the last eight years in the
reserve component, and will be eligible for retired pay at age
60.
should be transferred to the Retired List on that date.

Since Petitioner will be 60 years old on 29 December 2001 he

With these corrections, Petitioner will have over 23

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 eligibility for retired pay at age
60.

RECOMMENDATION:

a.
That Petitioner's naval record be corrected by transferring
sufficient retirement points from the excess over 50 in the five
qualifying years to make the two anniversary years ending on 30
June 1981 and 1982 qualifying for reserve retirement.

That Petitioner's naval record be further corrected to show

b.
that he did not transfer to the Retired Reserve on 1 October 1985
but continued to serve until he transferred to the Retired
Reserve effective 1 July 1986, and that he was credited with
sufficient 
1986 to make that year qualifying for reserve retirement.

nonpay points in the anniversary year ending 30 June

Since
Petitioner will be 60 years old on 29 December 2001 he should be
transferred to the Retired List 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.

ROBERT D. ZSALMAN
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 Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the

3

authority of reference (a),
behalf of the Secretary of the Navy.

has been approved by the Board on

Executive