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NAVY | BCNR | CY2002 | 08419-02
Original file (08419-02.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 8419-02
19 December 2002

From:
To:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

REVIEW OF 

NAVAL RECORD OF

Ref:

Encl:

(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 enlistment 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,
vice being discharged.

The Board, consisting of Mr. McBride, Mr. George and Mr.

2.
Exnicios, reviewed Petitioner's allegations of error and
injustice on 17 December 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.

Documentary material

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 reenlisted in the Naval Reserve on 6 December

On 13 April 2001

,"s a petty officer first class  

1997 
she was issued a Notification of  
Age 60.
expiration of her enlistment.
discharge is 4 December 2002 but it should be 5 December 2002.

Subsequently, she was honorably discharged at the

Eligibility for Retired Pay at

The record shows that the date of

(HMl* E-6).

d.

The Navy Personnel Command has routinely recommended

corrective action in similar cases when an individual is eligible
for reserve retirement and there is no explanation in the record
why he or she was discharged and not retired.

.

The Board is aware that the Uniform Retirement Date Act,
U.SeC. 8301, requires that the effective date of any retirement

5 
be the first day of the month.

CONCLUSION:

The Board notes that Petitioner was in good standing in

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
the Naval Reserve and would have been retired if she had
requested it.
transferred to the Retired Reserve in the rate of  
requirements of the Uniform Retirement Date Act, the retirement
should be effective on 1 December 2001, vice the discharge of
4 or 5 December 2001 now of record.

Therefore, the Board concludes that she should be

HMl.

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:

That Petitioner's naval record be corrected to show that she

a.
transferred to the Retired Reserve effective on 1 December 2001
in the rate of  
2001.

RMl, vice being discharged on 4 or 5 December

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

He

.

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

2

authority of reference (a),
behalf of the Secretary   of the Navy.

has been approved by the Board on

W. DEAN PFEIFFER
Executive Director

3



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