DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC

 

20370-5100

TRG
Docket No:
20 February 2001

434-01

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

_-

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, in effect, that
his record be corrected to show that he is eligible for reserve
retirement and that he transferred to the Retired Reserve vice
being discharged on' 29 August 1995.

The Board, consisting of Mr. Milner, Mr. Neushafer 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.
Documentary material considered by
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.

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 reenlisted in the Naval Reserve for six years

on 30 August 1987 in the rate of SK1 (E-6) and subsequently
extended that enlistment for two more years.
reenlistment he had completed 19 years of qualifying service for
reserve retirement.
Reserve (IRR) on 8 September 1987.
Petitioner did not
participate for the next six years and did not earn any
additional qualifying years.

He transferred to the Individual Ready

At the time of

gives him 44 retirement points

On 21 July 1994 Petitioner requested

Petitioner apparently discovered that he did not have 20

In the anniversary year beginning on 30 August 1993 he

d.
qualifying years because he began to submit correspondence
courses.
submitted correspondence courses worth 29 points which, when
added to the 15 membership points,
in that anniversary year.
transfer to the Retired Reserve effective 1 October 1994.
However, since he only had 44 retirement points in the
anniversary year ending 29 August 1994 he still only had 19 years
of qualifying service for reserve retirement.
On 30 August 1994
he was credited with a correspondence course worth five
On 8 December 1994, the Naval Reserve
retirement points.
Personnel Center informed him that he was not eligible for
transfer to the Retired Reserve because had only completed 19
years, 1 month and 2 days of qualifying service for reserve
retirement.
correspondence courses totaling seven retirement points.
honorably discharged at the expiration of his enlistment, as
extended, on 29 August 1995.

In 1995 Petitioner was credited with two additional

He was

e.

Petitioner states that because of computer problems, the

five retirement points from a correspondence course on 30 August
1994 were not credited in a timely manner.
If those points had
been credited one day earlier,
the five retirement points would
have been included in the previous anniversary year. As
indicated in the foregoing,
August 1994 he now has 44 retirement points.
points are added, he will have 49 points, still not enough for a
qualifying year.
to earn 20 qualifying years but has been denied reenlistment.

Petitioner states that he attempted to reenlist

in the anniversary year ending 29

If those five

f.

Concerning his request to transfer to the Retired

Reserve, the Board is aware that the Navy Personnel  
routinely recommended corrective action in those cases where an
individual was qualified for reserve retirement and there is no
explanation in the record why an individual was discharged and
not retired.

Command  has

ST.

The Board is also aware that the Uniform Retirement Date

Act, 5 U.S.C. 8301 requires 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 believes that Petitioner submitted the five
point correspondence course now credited on 30 August 1994 with

2

the expectation that it would be credited on 29 August 1994 or
before and those five points should now be credited in the
However, as indicated,
anniversary year ending 29 August 1994.
he still needs one additional retirement point to make that year
Since Petitioner is only one point short and it was
qualifying.
clearly his intent to qualify for retirement, the Board concludes
that one retirement point should be transferred from the
anniversary year ending 29 August 1995 into the anniversary year
With these corrections, Petitioner will
ending 29 August 1994.
have 20 qualifying years for retirement.

Since Petitioner was in good standing in the Naval Reserve and
would have been retired if he had 20 qualifying years, the Board
concludes that the record should be corrected to show that he
transferred to the Retired Reserve in the rate of  
requirements of the Uniform Retirement Date Act the record should
show that he transferred to the Retired Reserve on 1 August 1995
vice being discharged on 29 August 1995.

SKl.

Given the

Finally, the Board 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:

a.
That Petitioner's naval record be corrected by transferring
six retirement points from the anniversary year ending 29 August
1995 to the anniversary year ending 24 August 1994.

b.
That Petitioner's naval record be further corrected to show
that he transferred to the Retired Reserve in the rate of SK1 on
1 August 1995 vice being discharged on 29 August 1995.

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.  
Recorder

ZSALMAN

ALAN E. GOLDSMIT
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

3

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>.Tb
fe W. DEAN PFEIFFER

Executive Director