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NAVY | BCNR | CY2002 | 07232-02
Original file (07232-02.pdf) Auto-classification: Approved
Chairman, Board for Correction of Naval Records
Secretary of the Navy

TRG
Docket No:
12 December 2002

7232-02

DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL

 

RECdRDS

2 NAVYANNEX

WASHINGTON DC

 

20370-5100

From:
To:

Subj:

Ref:

Encl:

RECORD OF

(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 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 under the provisions of the
Reserve Transition Benefit (RTB) program.

The Board, consisting of Mr. Carlsen, Mr. Tew and Mr. Taylor,

2.
reviewed Petitioner's allegations of error and injustice on 10
Deceember 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,

Documentary material considered by

regulations and policies.

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.

Petitioner completed seven years of active duty on 12
He enlisted in the Naval Reserve on 1 October

SepteZer  1990.
1990 and then earned nine consecutive qualifying years for
reserve retirement.
Petitioner states that the 10th year should
also be qualifying because he has not been credited with a 13 day
period of annual training.
his anniversary year on 30 September 2000 he has been credited
with 17 years of qualifying service for reserve retirement.
During the next two anniversary years he has been credited with
27 and 30 points respectively.
advanced to petty officer first class  

If this is true then at the end of

During his service he was

(MNl; E-6).

d.

Petitioner states that from November 2000 to July 2001

he had three knee surgeries.

On 3 August 2001 he was found

.

 

(BUMED) for a

(NPQ) and his case was

The command stated at that time that he had been

potentially not physically qualified  
forwarded to the Bureau of Medicine and Surgery
determination.
placed in a temporary NPQ (TNPQ) status pending determination
BUMED and was being allowed to attend drills.
from 
package was lost and was resubmitted on 20 February
March 2002 he was found NPQ by  
requested early retirement under the provision of the RTB
The RTB program allows for early retirement to
program.
individuals with 15   or more years of qualifying service if they
were found not physically qualified for retention.
was denied because he had not submitted an RTB retirement request
within 40 days of being found NPQ and  
BUMED did not have a final
determination prior to 31  December  2001.
On 9 September 2002 he
was inexplicably issued orders transferring him to the Retired
Reserve.
aancelled  because they were
issued in  error.
that he has actually been discharged from the Naval Reserve.

The 
  2002.
On 4 April 2002 he

There is no documentation in the record showing

These orders were then  

BUMED.

This request

BUMED

On 11

8 .

The statutory authorization for the RTB program expired

on 31 December 2001 and after that date an individual must have
20 years of qualifying service for reserve retirement.
letter denying his request for RTB retirement appears to provide
conflicting information when it states that the RTB application
must be made within 40 days after being found NPQ and that
must have made a final determination prior to 31 December 2000.
This implies that the RTB request could not be made until the
BUMED determination had been made and this was also apparently
the belief of the reserve center.
TNPQ and not NPQ in August 2001 and was retained pending a
decision from  
have been any problems if the  
the decision made in a timely manner.

Petitioner contends that there would not

It is noted that he was found

BUMED request had not been lost and

BUMED.

BUMED

The

 

coNcLusIoN:

BUMED.

However, the loss of the 

The Board notes that Petitioner was carried in a TNPQ

Upon review  and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
status by the reserve center until a final determination was made
BUMED package prevented its
by 
completion prior to the ending date of the RTB program.
Under
those circumstances, the Board concludes that the record should
be corrected to show RTB retirement.
Therefore, Petitioner's
record should be corrected to show that on 31 December 2001 he
transferred to the Retired Reserve under the provisions of the
RTB program in the rate of MN1 vice being retained or discharged
after that date.

The Board further concludes that this Report of Proceedings

2

should 
reviewers will understand his status in the Retired Reserve.

be filed in Petitioner's naval record so that all future

That Petitioner's naval record be corrected to show that on
a.
31 December 2002 he transferred to the Retired Reserve under the
provisions of the RTB program in the rate of  
retained or discharged after that date.

MNl, vice being

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.

ROBERT D.  
Recorder

ZSALMAN

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 Na

Executive D

3



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