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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