DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JLP:ddj
Docket No: 8511-02
29 January 2003
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
(b) DOFFMR Volume 7B, Chapter 1, Table 1-5
End: (1) DD Form 149 w/attachments
(2) Series of Documents 2002
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject hereinafter
referred to as Petitioner, filed enclosure (1) with this Board requesting,
in effect, that the applicable naval record be corrected to show that he
was not discharged from his Naval Reserve enlistment contract incident to
his appointment to the Naval Academy on 29 June 1953 so as to establish
credit for pay (longevity) purposes.
2. The Board, consisting of Messrs. Mimer, Pauling, and McPartlin,
reviewed Petitioner’s allegations of error and injustice on 28 January 2003
and, pursuant to its regulations, determined that the corrective action
indicated below should be taken on the available evidence of record.
Documentary material considered by the Board consisted of the enclosures,
naval records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining 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. Per referance (b) if an officer served as a cadet or mimidshipman in
any of the military academies on or after January 1, 1953 and before June
26, 1956 and concurrently held an enlisted status in the Naval Reserve,
then the period involved is creditable for basic pay purposes.
CONCLUSION
Upon review and consideration of all the evidence of record, and especially
in light of the
contents of enclosure (2), the Board finds the existence of an injustice
warranting the following corrective action.
Docket No: 8511-02
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show
that he was not discharged from the USNR on 28 June 1953 (the date before
he entered the Naval Academy) but was continued as a member of the reserve
componet until 5 June 1957, and was discharged on that date, the day before
he accepted his commission in the regular componet of the armed forces.
This correction will establish his Pay Entry Based Date (PEBD) as 22
September 1952, the date of his initial reserve contract.
a. That a copy of this Report of Proceedings be filed in Petitioner’s
naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for
Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(c)) it is certified that quorum was present at the Board’s 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. ZSALMAN G. L. ADAMS
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 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.
29 January 2003
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