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NAVY | BCNR | CY2001 | 07451-00
Original file (07451-00.pdf) Auto-classification: Approved
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



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