DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5801-01
1 February 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
I
(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 commissioned officer in 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 30 June 1981.
The Board, consisting of Mr. Agresti, Mr. Pfeiffer and Mr.
2.
Beckett, reviewed Petitioner's allegations of error and injustice
on 23 January 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.
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 was commissioned in the Naval Reserve as an
He was promoted to CDR (O-5) on 1
ENS (z-1) on 21 June 1954.
August 1968 and on 24 May 1973 he was issued a Notification of
Eligibility for Retired Pay at Age 60.
He was honorably
discharged on 30 June 1981 because he had twice failed of
selection for promotion.
Petitioner became 60 years old on 17
February 1992 and is drawing his retired pay as a former member.
Individuals in Petitioner's situation would normally
have been given a chance to request transfer to the Retired
d.
Whether this happened in
Reserve prior to their discharge date.
Petitioner's case or if he received the correspondence giving him
this opportunity cannot be ascertained from the records.
e.
Petitioner states in his application that he did not
realize that there was a problem with his status because he and
his wife were originally issued identification cards and were
On 21 June 2001 they were informed that his
entered in DEERS.
wife was no longer entitled to medical care.
they had known she was not entitled, his wife would not have
dropped her health insurance.
He states that if
f.
The Board did not request an advisory opinion in this
However, the Board is aware that the Navy Personnel
case.
Command routinely recommended corrective action in similar cases
when and individual is qualified for reserve retirement and there
is no explanation in the record why he was discharged and not
retired.
The
U.S"C. 8301
Board is aware that the Uniform Retirement Date Act,
requires that the effective date of any retirement
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.
Therefore, the Board concludes that he should be transferred
to the Retired Reserve in the grade of CDR.
requirements of the Uniform Retirement Date Act, the retirement
should be transferred to the Retired Reserve on 30 June 1981
vice the discharge of that date now of record.
was 60 years old on 17 February 1992, the record should be
further corrected to show that he transferred to the Retired List
on that date.
Since Petitioner
Given the
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 on 30 June 1981 in the
grade of CDR, vice being discharged on that date.
His record
should be further corrected to show that he transferred to the
Retired List on 17 February 1992, his 60th birthday.
2
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.
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ROBERT D. ZSALMAN
Recorder
l
ALAN E. GOLDSMITH
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
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.
%&&3.&JQ.&_
WW. DEAN PFEIFFER
Executive Director
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