DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
29 August 2002
2573-02
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former member in the Naval Reserve filed an application with this
Board requesting, in effect,
that he transferred to the Retired Reserve vice being discharged
on 24 February 1995.
that his record be corrected to show
The Board, consisting of Mr. Pfeiffer, Mr.
2.
Grover, reviewed Petitioner's allegations of error and injustice
on 27 August 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.
Caron and Mr.
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 25
He then served in a satisfactory manner for about three
The record is incomplete after 31 March 1992, and it does
Februzry 1989 for six years as a petty officer second class (SH2;
E-5).
years.
not contain any record of transfers from his reserve unit or an
A Statement of Service for Naval
entry showing his discharge.
Reserve Retirement has been obtained and it shows that at the end
of his anniversary year on 2 May 1993 he was credited with 19
years, 10 months and 22 days of qualifying service for reserve
After that date, he earned no further qualifying
retirement.
years and has been credited with only membership points.
discharged on 24 February 1995 at the expiration of his
enlistment.
He was
d.
Petitioner states in his application that he was
transferred to the Individual Ready Reserve (IRR) in March 1993
because he was overweight.
He believes that he should have been
advised to request retirement under the provisions of the Reserve
Transition Benefit program.
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 cases when
an individual is eligible for reserve retirement and there is no
explanation in the record why they were discharged and not
retired.
f.
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:
The Board notes that Petitioner is only one month and
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
eight days short of qualifying for reserve retirement.
clear to the Board that if he had understood his situation and
been properly assisted and advised,
additional time.
IRR can earn retirement points by completing correspondence
courses.
record should be corrected to show that he is eligible for
reserve retirement.
transferring 35 retirement points from the excess over 50 in
prior anniversary years into the anniversary year ending 2 May
1994.
With this correction Petitioner will have 20 years, 10
months and 22 days of qualifying service for retirement.
The Board is aware that an individual in the
Given the circumstances, the Board concludes that the
This can best be accomplished by
he would have completed the
It was
Since the record will now show that he is qualified for reserve
retirement and was otherwise in good standing in the
Naval Reserve, he would have been retired if he had requested it.
Therefore, the Board concludes that he should be transferred to
the Retired Reserve in the rate of SH2.
Given the requirements
of the Uniform Retirement Date Act, the retirement should be
effective on 1 February 1995,
1995 now of record.
vice the discharge of 24 February
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
'L
2
reviewers will understand his status in the Retired Reserve.
RECOMMENDATION:
That Petitioner naval record be corrected by transferring 35
50 in prior anniversary
a.
retirement points from the excess over
years into the anniversary year ending 2 May 1994.
That Petitioner's naval record be further corrected to show
vice being discharged on 24
b.
that he transferred to the Retired Reserve effective on 1
February 1995 in the rate of SH2,
February 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.
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
L
Acting Recorder
Pursuant to the delegation of
5.
6(e) of the revised Procedures of
Naval Records (32 Code of Federal
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.
authority set out in Section
the Board for Correction of
Regulations, Section 723.6(e))
fi
3
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