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NAVY | BCNR | CY2002 | 00066-02
Original file (00066-02.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL

  RECORD S

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 66-02
21 February 2002

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

RECORD OF

(a) Title 10 U.S.C. 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 Board, consisting of Mr. Milner, Mr. Cooper and Ms.

2.
Nofziger, reviewed Petitioner's allegations of error and
injustice on 20 February 2002 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 reenlisted in the Naval Reserve on 11 August

gor two years in the rate of GMG2 (E-5).

1986 
at the end of his anniversary year,
6 months of qualifying service for reserve retirement.
honorably discharged on 10 August 1988.
on 24 November 1988 and is now drawing his retired pay as a
former member.

On 10 August 1987
he had completed 26 years and

He was
He became 60 years old

d.

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 he was discharged and
not retired.

day of the month.

Board is aware that the Uniform Retirement Date Act,
requires that the effective date of any retirement

The
US"& 8301
5 
be the first 
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board notes that Petitioner was in good standing in
action.
the Naval Reserve and would have been retired if he had requested
such action.
transferred to the Retired Reserve in the grade of GMG2.
the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 August 1988 vice the
Since he is over 60
discharge of 10 August 1988 now of record.
years old, the record should be further corrected to show that he
transferred to the Retired List on 24 November 1988, his 60th
birthday.

Therefore, the Board concludes that he should be

Given

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 to show that
a.
he transferred to the Retired Reserve on 1 August 1988 in the
grade of GMG2, vice the discharge on 10 August 1988 now of
record.
transferred to the Retired List on 24 November 1988, his 60th
birthday.

The record should be further corrected to show that he

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
matter.

ROBERT D. ZSALMAN
Recorder

d

.

Acting Recorder

2

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

-W. DEAN PFEIFFER

Executive Director

3



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