DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
20 February 2001
7451-00
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD 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.
former enlisted member of the United States Naval Reserve
filed enclosure (1) with this Board requesting that he be
transferred to the Retired Reserve vice being discharged on 14
July 1994.
The Board, consisting of Mr.Milner, Mr. Neuschafer and Ms.
2.
Hare, reviewed Petitioner's allegations of error and injustice on
13 February 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
waive.the
a timely manner, it is in the interest of justice to
statute of limitations and review the application on its merits.
Petitioner was issued a Notification of Eligibility for
However, he continued to
Retirzd Pay at Age 60 on 29 May 1984.
serve as a drilling reservist.
active duty and remained on active duty until he was released on
1 April 1989.
He remained a
reenlisted in the Naval Reserve for six years.
member of the Individual Ready Reserve (IRR) until he was
honorably discharged on 14 July 1994.
old on 19 January 2001.
On 15 July 1988 while on active duty, he
On 5 February 1986 he reported to
Petitioner became 60 years
d.
Petitioner states that in April 1988 he was issued an
identification card that indicated he was in the Retired Reserve.
Therefore, he did not understand that he had not been retired but
was a member of the IRR until he was discharged.
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 is eligible to transfer to the Retired
Reserve and errors occurred which resulted in discharge.
f.
The Board is aware that the Uniform Retirement
.3Ste Act,
5 U.S.C. 8301 requires that the effective date of any retirement
be the first day of the month.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that Petitioner was in good standing in
the Naval Reserve and would have been transferred to the Retired
Reserve if he had requested it in a proper manner.
Therefore,
the Board concludes that he should be transferred to the Retired
Reserve in the rate of
STSl (E-6).
Given the requirements of the Uniform Retirement Date Act the
Board further concludes that the record should show that
Petitioner transferred to the Retired Reserve on 1 July 1994 vice
being discharged on 14 July 1994.
years old, the Board also concludes that he should be transferred
to the Retired List on 19 January 2001, his 60th birthday.
Since Petitioner is now 60
Finally, the Board concludes that this Report of Proceedings
8 should be filed in Petitioner's naval record so that all future
reviewers will understand his current status on the Retired List.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
he transferred to the Retired Reserve on 1 July 1994 in the rate
of
also be corrected-to show that he transferred to the Retired
on 19 January 2001, his 60th birthday.
STSl vice being discharged on 14 July 1994 and that the record
List
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
2
matter.
ROBERT D. ZSALMAN
Recorder
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
X&&Q*_
FolLW. DEAN PFEIFFER
Executive Director
3
NAVY | BCNR | CY2008 | 08222-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 8222-08 4 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW ” NAVAL RECORD OF Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the...
NAVY | BCNR | CY2001 | 04444-01
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...
NAVY | BCNR | CY2008 | 09447-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 9447-08 26 November 2008 From: Chairman, Board for Correction of Naval Records TGs Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OP =a Ref: (a) Title 10 U.S.C. 1552 Encl: (1) Case Summary (2) Subject's naval record 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed an application with this Board requesting, in...
NAVY | BCNR | CY2002 | 00066-02
1552 (1) Case (2) Subject's naval record Summary From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the 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 10 August 1988. the Naval Reserve and would have been retired if he had requested such action. RECOMMENDATION: That Petitioner's naval record be corrected to...
NAVY | BCNR | CY2005 | 03614-05
The Board, consisting of Mr., Ms.and Ms. reviewed Petitioner’s allegations of error and injustice on 23 August 2005 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. On 26 October 1988, the Chief of Naval Operations (CNO) directed an honorable discharge by reason of misconduct, but also stated that the discharge should be held in abeyance for 30 days to allow Petitioner to transfer to the Retired...
NAVY | BCNR | CY2008 | 05273-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 5273-08 2 July 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF ‘iil Ref: (a) Title 10 U.s.c. Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred...
NAVY | BCNR | CY2007 | 10946-07
* DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 10946-07 23 June 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF SS@QaMiy Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred...
NAVY | BCNR | CY2003 | 01094-03
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a The Board, consisting of yL_II, reviewed Petitioner's allegations of error and 1. former enlistment member in the Naval Reserve, filed an application with this Board requesting that his record be corrected to show that she transferred to the Retired Reserve under the provisions of the Reserve Transition Benefit-program (RTB). 60 years old on 30 January...
NAVY | BCNR | CY2002 | 02547-02
Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the 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 14 April 1975. However, the Board is aware that the Navy Personnel Command has routinely recommended corrective action in similar cases when an individual is qualified for reserve retirement and there is no explanation in the record why...
NAVY | BCNR | CY2008 | 00662-08
Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the Retired Reserve and to the Retired List vice being discharged on 5 December 1989. However, the Board is aware that the Navy Personnel Command has routinely recommended corrective action when an individual is qualified for reserve retirement and the individual did not realize...