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NAVY | BCNR | CY2001 | 08624-00
Original file (08624-00.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No:   8624-00
9 August 2001

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) Statement of Service for Naval Reserve Retirement
(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 his record be
corrected to show that he transferred to the Retired Reserve vice
being discharged on 23 September 1998, and that his rate be
changed to 

QMC(SS)  from ETC.

The Board, consisting of Mr. Taylor, Mr. Pfeiffer and Mr.

2 .
Beckett, reviewed Petitioner's allegations of error and injustice
on 7 August 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
Documentary material considered by
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.

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.

Enclosure (1) was filed in a timely manner.

C .

The Board has been unable to obtain Petitioner's service
record.. However, at enclosure (2) is a Statement of Service for
Naval Reserve Retirement which shows that as of 5 March 1996, his
rate was ETC and he had completed 32 years and 17 days of
qualifying service for reserve retirement.
further participation in the reserve program until he was
honorably discharged on 23 September 1998.
Service also shows that he became 60 years of age on 1 December
2000.

He apparently had no

The Statement of

d.

In support of his request, Petitioner has submitted a

letter from the commanding officer of the local reserve unit.
That letter indicates that he is a  
problems which led to his discharge before he could request
retirement.

QMC(SS) and sets forth various

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 qualified for reserve retirement and
there is no explanation in the record why they were discharged
and not retired.

The Board is also aware that the Uniform Retirement Date

f.
Act, 5 
retirement be the first day of the month.

U.S.C. 8301 requires that the effective date of any

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 retired if he had requested
Therefore, the Board concludes that he should be transferred
it.
to the Retired Reserve.
Retirement Date Act, the retirement should be effective 1
September 1998.
record should be corrected to show that he transferred to the
Retired List on his 60th birthday.
is believed to be 1 December 1940 but if it is not he should be
transferred on the actual date.

In addition, since he is now 60 years old the

Given the requirements of the Uniform

The date of his 60th birthday

Without the record the Board cannot verify his contention that
the rate of ETC shown on the Statement of Service is in error.
However, the Board notes that both Petitioner and the commanding
officer of the reserve unit state that he is actually a  
Since this is merely a cosmetic change, the Board concludes that
the records should be changed wherever necessary to show that he
is a 

QMC(SS).

QMC(SS).

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 on the Retired List.

RECOMMENDATION:

That Petitioner's naval record be corrected to show that

a.
he transferred to the Retired Reserve on 1 September 1998 in the
The
rate of QMC(SS) vice being discharged on 23 September 1998.
record should be further corrected to show that he transferred to
the Retired List on his 60th birthday.

2

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 .
and that the foregoing is a true and
review and deliberations,
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.

W. DEAN PFEIFFER
Executive Director

3



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