DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVALRECORDS
2
NAVY
ANNEX
WASHlNGTON DC 20370-5100
TRG
Docket No: 8223-02
11 December 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case
(2) Subject's naval record
Sumnary
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former member in the Naval Reserve,
filed an application with
this Board requesting that her record be corrected to show that
she
,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 4
December 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 enlisted in the Navy Reserve on
28,August
(ISl; E-6).
1986 at age 41 and served continuously in an excellent manner
until 13 December 2001 and was advanced to petty officer first
class
physically qualified and was placed in a records review status.
On 15 February 2002
not physically qualified for retention due to coronary artery
Consequently discharge or retirement was directed.
disease.
On 13 December 2201 she was found not
the Bureau of Medicine and Surgery found her
d.
On 6 March 2002 she requested transfer to the Retired
Reserve under the provisions of the RTB program.
The RTB allows
for early retirement to individuals with over 15 or more years of
qualifying service if they are found not physically qualified for
On 3 July 2002 her request for RTB retirement was
retention.
denied because she did not apply within 40 days of removal from a
drill pay status and
prior to 31 December 2001.
record showing the date of her discharge.
BUMED did not make a final determination
There is no documentation in the
.
Attached to enclosure (1) is an advisory opinion from
Reserve'Personnel Division that states, in part, as
NEval
the
follows:
.
.
. The procedures . . . . . . for administering early
.
retirement per the RTB program required the affected
member to make an RTB election within 40 days of
removal from a pay status, . . . . Reference (f) (the 18
July 2002 letter) erroneously stated that the effective
date for determining eligibility for RTB was the date
of
BUMED's determination, which did not happen until
February 2002. Although this type of delay would
normally have been of no consequence to a member, it
was in (her) case.
legislation expired.
request submitted after that date could not be acted
upon.
Therefore, any early retirement
On 31 December 2001, the RTB
The advisory opinion recommended that Petitioner be
transferred to the Retired Reserve on 31 December 2001 under
the provisions of the RTB program.
f.
Petitioner states in her application that she thought
BUMED and this did not occur until 26 February
that she could not submit an application without the final
decision from
2002.
event.
December 2001 when she was found
would not have been acted upon prior to 31 December 2001.
Petitioner filed her application within 40 days of that
She also points out that if she had applied on 12
NPQ her application probably
Since the statutory authorization for RTB expired on 31
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action,
December 2001, Petitioner was unable to have an RTB application
processed and approved by that date.
with the recommendation contained in the advisory opinion.
Consequently, Petitioner's record should be corrected to show
that on
under the provisions of the RTB program in the rate of
being discharged.
31 December 2001 she transferred to the Retired Reserve
Therefore, the Board agrees
ISl, vice
The Board further concludes that this Report of Proceedings
2
should be filed in Petitioner's naval record so that all future
reviewers will understand her status in the Retired Reserve.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that she
a.
on 31 December 2002 she transferred to the Retired Reserve in the
rate of IS1 under the provisions of the RTB program, vice being
discharged.
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,
complete record of the Board's proceedings
matter.
and that the foregoing is a true and
in the above entitled
ROBERT D. ZSALMAN
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.
NAVY | BCNR | CY2002 | 07232-02
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. 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...
NAVY | BCNR | CY2002 | 05701-02
Pursuant to the provisions of reference (a), Petitioner, a former commissioned officer in the Naval Reserve filed an application with this Board requesting, in effect, that his record be corrected to show reinstatement in the Naval Reserve so that he can qualify for reserve retirement. He earned no further qualifying years and was honorably discharged on 31 August 2000. d. Attached to enclosure (1) is an advisory opinion from Director, Naval Reserve Administration Division, Navy...
NAVY | BCNR | CY2003 | 01094-03
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a The Board, consisting of yL_II, reviewed Petitioner's allegations of error and 1. former enlistment member in the Naval Reserve, filed an application with this Board requesting that his record be corrected to show that she transferred to the Retired Reserve under the provisions of the Reserve Transition Benefit-program (RTB). 60 years old on 30 January...
NAVY | BCNR | CY2007 | 01831-07
Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy Reserve, filed an application with this Board requesting that he be transferred to the Retired Reserve under the provisions of the Reserve Transition Benefits (RTB) program. That Petitioner's record be further corrected to show that he transferred to the Retired Reserve in the grade of CDR on 1 March 2006 and to the Retired List on his 60th birthday, 10 September 2006. c. That a copy of this Report of...
NAVY | BCNR | CY2006 | 08589-06
The Board, consisting of Ms. , Ms.’ and Ms. reviewed Petitioner’s allegations of error and injustice on 9 January 2007 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 60 th birthday.In the absence of documentation from his command concerning his request for the award of the Navy and Marine Corps and designation as a Master Training Specialist, there is no justification for the Board to take...
NAVY | BCNR | CY2001 | 00123-00
Pursuant to the provisions of reference (a), Petitioner, a former commissioned officer in the United States 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 8 April and then to the Retired List, 2000. After a review of the chronology of service prepared Petitioner, Pers 9 noted that he earned 32 retirement points the anniversary year ending 9 September 1975 and, in...
NAVY | BCNR | CY2005 | 08122-05
officer of the Naval Reserve Center forwarded his request for early retirement to the Commander, Naval Reserve Forces, recommending that early retirement be approved. The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the circumstances of his retirement in the grade of LCDR. That Petitioner’s naval record be corrected to show that effective on 1 January 2000, he transferred to the Retired...
NAVY | BCNR | CY2002 | 08322-01
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 enlisted member of the Naval Reserve, filed an application with this Bpard requesting that her record be corrected to show that she was not discharged on 1 October 2000 but continued to serve in the She is also requesting credit for paid-drills from February 2001. It CONCLUSION: The fact that the doctor found her physically The Board believes that...
NAVY | BCNR | CY2002 | 09826-02
c. In correspondence attached as enclosure (2), PERS-80, the Navy Personnel Command (NPC) office having cognizance over active and reserve officer career progression matters, has recommended that Petitioner's request to remove his failure of selection by the FY 03 Naval Reserve Line Commander Selection Board be disapproved. e. In correspondence attached as enclosure (4), Pers-911, the NPC office having cognizance over Naval Reserve personnel administration, has commented to the effect...
CG | BCMR | Advancement and Promotion | 2012-036
A Reserve officer to whom this section applies is not considered to have failed of selection when eliminated from a list of selectees for promotion solely as a result of being removed from an active status.” 14 USC § 734(a) states: “A Reserve officer shall not be promoted to a higher grade unless the officer has been found to be physical qualified and the character of the officer’s service subsequent to the convening of the selection board which recommended the officer for promotion has been...