DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
TRG
Docket No: 2660-02
11 April 2002
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
Subj: REVIEW OF NAVAL RECORD OF - Ref:
(a) Title 10 U.S.C. 1552
From :
To :
Chairman, Board for Correction of Naval Records
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 5 May 1993.
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 on 6 May 1987
for two years, and subsequently extended that enlistment for 48
months. Therefore, his expiration of enlistment, as extended,
was 5 May 1993. There are no entries showing a date of discharge
in the record. However, the retirement point record shows that
he has been credited with membership points through 5 May 1995,
but there is no reenlistment contract or anything else in the
record to support service after 5 May 1993. Therefore, it
appears that he was honorably discharged on 5 May 1993 in the
rate of YN2 (E-5) at the expiration of his enlistment, as
extended. On 3 January 1996 he was issued a Notification of
Eligibility for Retired Pay at Age 60.
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 rate of YN2. Given the
requirements of the Uniform Retirement Date Act, the retirement
should be effective on 1 May 1993 vice the discharge which
apparently occurred on 5 May 1993. The Navy Personnel Command is
authorized to make the retirement date effective 1 May 1995 or
the first of any other month if there is documentation to show
that he actually served after 5 May 1993.
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 May 1993
in the rate of YN2, vice being discharged on 5 May 1993. The
retirement date can be adjusted to 1 May 1995 or the first of any
other month if there is documentation to show that he actually
served after 5 May 1993.
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.
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