DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No:
20 March 2001

6003-00

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

g_vIEW 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 has 20 years of qualifying service for
reserve retirement and that he transferred to the Retired Reserve
vice being discharged on 13 June 1990.

The Board, consisting of Mr. Pfeiffer,

2.
Mr. Kastner and Mr.
Dunn reviewed Petitioner's allegations of error and injustice on
6 March 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 enclosure (1) was not filed in

a timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.

C .

Petitioner enlisted in the Naval Reserve on 29 June 1961

and earned two qualifying years for reserve retirement.
record shows that in the anniversary year ending 28 June 1964 he
has been credited with 14 days active duty for training
and 15 membership points,
The Record of Naval Reserve Service (Page 11) for this
anniversary year does not contain any entries at all including
the ACDUTRA and membership points.

for a total of 29 retirement points.

The
(ACDUTRA)

 

d.

On 6 October 1964 Petitioner reported for 24 months  of
active duty and subsequently extended his active service until 18
May 1967.
continued on active duty until he was honorably discharged on 18
June 1974.

On 19 May 1967 he enlisted in the Regular Navy and

. Petitioner enlisted in the National Guard on 14 September

On 14 January 1984 he reenlisted in the Naval

End served in that component until 13 January 1984.

1980
record shows that he earned three qualifying years for
retirement.
Reserve for six years
qualifying years.
anniversary year, he was credited with 18 years, 11 months and 20
On 16
days of qualifying service for reserve retirement.
November 1987 he transferred to the Individual Ready Reserve
(IRR).
at the expiration of his enlistment on 13 January 1990.

He remained in the IRR until he was honorably discharged

On 13 September 1987, at the end of his

and then earned four consecutive

The

f.

Petitioner is not eligible for reserve retirement

because he does not have 20 qualifying years for retirement.
addition, since he only has the last seven qualifying years in
the reserve component,
last eight years of qualifying service be in the reserve
component.

he does not meet the requirement that the

In

Q*

On 17 August 2000 Petitioner was issued a Statement of
Service for Naval Reserve Retirement which indicated that he had
11 months and 20 days of qualifying service.
completed 19 years,
Since he is not qualified for reserve retirement, he applied to
this Board on 5 September 2000,
be transferred into one of his years in the IRR to make that year
He believed, based on the statement of service, that
qualifying.
he would have over 20 years
if this corrective action was taken,
of qualifying service with the last eight years of qualifying
service in the reserve component.

requesting that sufficient points

h.

Subsequently, it was discovered that the 17 August 2000

statement for reserve retirement was in error in that it showed
continuous active duty from 29 June 1961.
service record pages were forwarded to the Naval Reserve
Personnel Center so that corrective action could be taken.
Subsequently, NRPC issued a corrected statement for reserve
retirement showing 18 years,
However, the individual at NRPC who prepared the
service.
corrected statement believes that since he attended ACDUTRA
during the anniversary year, ending in 1984, he was probably
attending drills during this period.

11 months and 20 days of qualifying

The appropriate

The Board is aware that the Uniform Retirement Date Act,
5 U.S.C. 8301 requires that the effective day   of any retirement

i.

2

be the first day of the month.

CONCLUSION:

There is nothing in the record to show

Upon review and consideration of all the evidence   of record the
Board concludes that Petitioner's request warrants favorable
The Board does not believe Petitioner would have stopped
action.
drilling in September 1987 when he only needed 1 year and 10 days
of qualifying service to qualify for retirement if he had been
aware of his situation.
that Petitioner could not have continued in a drilling status
after 16 November 1987.
have earned qualifying years by completing correspondence
The Board believes that his command should have
courses.
counseled him to remain in a drilling status or to complete
correspondence courses to qualify for retirement, but it
apparently failed to do-so.
would have been eligible to request transfer to the Retired
Reserve.
drills in the anniversary years ending 28 June 1964.
the Board concludes that the record should be corrected to show
that he qualified for reserve retirement and transferred to the
Retired Reserve.

The Board also believes that he probably attended

However, even if there was, he could

If had qualified for retirement, he

Therefore,

This action can be accomplished by transferring 21 retirement
points from the excess over 50 in the anniversary year ending 28
June 1963 to the anniversary year ending 28 June 1964. In
addition, 35 retirement points should be transferred from the
excess over 50 from the anniversary years ending 13 September
1987 to the anniversary year ending 13 September 1988.
correction, Petitioner will have over 20 qualifying years with
the last eight in the reserve component.
of the Uniform Retirement Date Act, the record should then be
corrected to show that he transferred to the Retired Reserve in
the rate of HM2 on 1 September 1990 vice being discharged on 13
September 1990.

Given the requirements

With this

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 by transferring

a.
21 retirement points from the excess over 50 from the excess over
50 in the anniversary year ending 28 June 1963 to the anniversary
year ending 28 June 1964,
points from the excess over 50 from the anniversary
13 September 1987 to the anniversary year ending 13
1988.

and by transferring 35 retirement

year ending
September

3

That Petitioner's naval record be further corrected to show
b.
that he transferred to the Retired Reserve in the rate of HM2 on
1 September 1990 vice being discharged on 13 September 1990.

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

ALAN E. GOLDSMITH
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.