DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No: 4754-02
27 November 2002
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
Ref:
Encl:
REVIEW OF NAVAL RECORD OF
s
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member in 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
with disability severance pay.
The Board, consisting of Mr. Exnicios, Mr. Pfeiffer and Mr.
2.
Shy, reviewed Petitioner's allegations of error and injustice on
20 November 2002 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
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.
Petitioner's application was filed in a timely manner.
C .
Petitioner reenlisted in the Naval Reserve on 29
(GMl; E-6).
December 1998 as a petty officer first class
end of his anniversary year on 28 December 1999 he was credited
with 20 years, 4 months and 28 days of qualifying service for
reserve retirement.
At the
d.
A medical board report, dated 19 June 2000, states that
in July 1999, while involved in a combat training exercise,
Petitioner jumped from a vehicle and suffered a severely broken
leg.
The medical board report concluded as follows:
The nature of this patient's injury and its sequelae
will preclude him from participating in any active duty
He will not be able to
training or service.
participate in any activity requiring strenuous use of
This member will not be able to run.
the right knee.
He will not be able to load or disembark from
He will not be able to
operational vehicles.
participate in any mandated physical fitness training
or testing.
be forwarded
adjudication
separation.
It is recommended that the patient's case
to the Physical Evaluation Board (PEB) for
and consideration for a medical
Subsequently, the
Petitioner was discharged on 29 August 2000.
severance pay in the amount of
$54,792.00.
PEB directed discharge with severance pay and
He was paid
e.
The Board is aware that once a reservist has 20
qualifying years and has been issued a Notification of
Eligibility for Retired Pay at Age 60 he will receive that pay
whether or not the individual has been discharged.
pay will be recouped at that time.
Any severance
f.
Petitioner states, in effect, that he took the severance
pay when it was offered.
discharge may have a future impact on his retired pay and other
benefits at age 60 because he will receive his retired pay as a
former member.
is recouping the severance pay out of his monthly checks.
He states'that the Department of Veterans Affairs
However, he now realizes that his
The Board is aware that the Uniform Retirement Date Act,
8301, requires that the effective date of any retirement
u.s"C.
5
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 prior to his discharge with disability severance pay.
Additionally, he is eligible for retired pay at age 60 even with
the discharge.
Therefore, the Board concludes that no useful
purpose is now served by his discharge and the record should be
corrected to show that transferred to the Retired Reserve.
Board is aware that his severance pay will be recouped when he
begins to draw his retired pay at age 60.
The
Therefore, given the requirements of the Uniform Retirement Date
Act, the record should be corrected to show that he was not
discharged on 29 August 2000 but transferred to the Retired
Reserve, with eligibility for retired pay at age 60, effective on
2
1 September 2000 in the rate of GM1 (E-6).
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 he
a.
was not discharged on 29 August 2000 but transferred to the
Retired Reserve effective 1 September 2000, with eligibility for
retired pay at age 60, in the rate of
GMl.
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.
-a
-
ROBERT D. ZSALMAN
Recorder
s.
; ’
__
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c .. _ -
;
-
GOLDSMIT
Acting Recorder
,,,?
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.
i /(
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.
Executive Di
3
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