DEPARTMENT OF THE N A V Y
B O A R D F O R C O R R E C T I O N OF N A V A L R E C O R D S
TRG
Docket No: 2547-02
11 April 2002
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
2 N A V Y A N N E X
Subj: REVIEW OF NAVAL RECORD OF--- - Ref:
(a) Title 10 U.S.C. 1552
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
Encl : (1) Case Summary
(2) Subject's naval record
1. 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.
2. The Board, consisting of Mr. Pauling, Mr. Mackey and Ms.
McCormick, reviewed Petitioner's allegations of error and
injustice on 9 April 2002 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.
3. The Board, having reviewed all the facts of record pertaining
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, 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 four
years on 5 January 1971 in the rate of CTRC (E-7). He
transferred to the individual ready reserve (IRR) on 12 July
1975. About two years later, he was issued a Notification of
Eligibility for Retired Pay at Age 60. He was honorably
discharged on 14 April 1975. He was apparently extended for a
brief period while the command attempted to notify him that he
had to request retirement. Petitioner became 60 years old on 14
February 1995 and is drawing his retired pay as a former member.
d. The Board did not request an advisory opinion in this
case. 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 he was discharged and
not retired.
e. The Board is aware that the Uniform Retirement Date 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 retired if he had requested
it. Therefore, the Board concludes that he should be transferred
to the Retired Reserve in the grade of CTRC. Given the
requirements of the Uniform Retirement Date Act, the retirement
should be effective on 1 April 1975, vice the discharge of 14
April 1975 now of record. Since Petitioner is over 60 years old,
the record should be further corrected to show that he
transferred to the retired list on 14 February 1995, his 60th
birthday .
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 :
a. That Petitioner's naval record be corrected to show that
he transferred to the Retired Reserve effective on 1 April 1975
in the rate of CTRC, vice being discharged on 14 April 1975. The
record should be further corrected to show that he transferred to
the Retired List on 14 February 1995.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
4. It is certified that a quorum was present at the Board's
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
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
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.
FC~C W. DEAN WEIFFER
Executive Director
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