DEPARTMENTOFTHE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 8896-02
6 November 2002

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

RECORD OF

(a) Title 10 U.S.C. 1552

(1) Case Summary
(2) Subject's naval record

From:
To:

Subj:

Ref:

Encl:

1.
Pursuant to the provisions of reference (a), Petitioner, a
commissioned officer in the Naval Reserve, filed an application
with this Board requesting that her record be corrected to allow
her to qualify for reserve retirement.

The Board, consisting of Mr. Brezna, Mr. Kastner and Mr.

2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 5 November 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 enlisted in the Naval Reserve for four years

19C;anuary  1961.

Subsequently, she then earned three

on 
consecutive qualifying years for reserve retirement.
anniversary year beginning on 19 January 1964 and ending on 18
January 1965, she has only been credited with 27 of the 50
retirement points needed for a qualifying year.
She was
honorably discharged on 18 January 1965 at the expiration of her
enlistment.

In her last

d.

Petitioner reenlisted in the Naval Reserve on 25 June
1987 at age 46.
She subsequently acknowledged that she would
have to request retention past age 60 in order to qualify for
She served in an excellent manner for 12
reserve retirement.
consecutive qualifying years and, in 1996, was advanced to chief

petty officer.
warrant officer  
then.

On 15 May 1999 she accepted a commission as a
(CWO2) and has earned qualifying years since

e.

As indicated, Petitioner reentered the Naval Reserve at

age 46 and therefore needed an age waiver to serve past age 60
and qualify for reserve retirement.
routinely granted for both officer and enlisted members.
However, Title 10 U.S.C. 14509, which became effective on 1
October 1996, requires that reserve officers be discharged on the
last day of the month in which the officer becomes 60 years of
age.
"grandfather" those already serving.
granted for enlisted personnel.

No waivers are allowed and no other provisions of law

Such waivers have been

Age waivers are still

f.

At the end of her anniversary year on 24 June 2002,

The Naval Reserve

However, she cannot qualify for reserve retirement

Petitioner will have completed 18 qualifying years for reserve
retirement.
because her discharge will be required on 30 May 2002, the last
day of the month following her 60th birthday.
Personnel Administrative Division (Pers  
Command recommends that the record be corrected to show that she
reenlisted in the Naval Reserve one year earlier, on 25 June
1986, and that the record be further corrected to show that the
additional year is qualifying for reserve retirement.
It is
further recommended that she be credited with 23 retirement
points in the anniversary year ending 18 January 1965, raising
the total in that year to 50 so that it will be qualifying for
reserve retirement.
years of additional service,
the additional two year period was
selected because it will not require a change in her anniversary
year.
With this change, Petitioner will be eligible to transfer
to the Retired List on 17 November 2002, her 60th birthday.

Although Petitioner needs less than two

91), Navy Personnel

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that Petitioner reenlisted and was
commissioned with the expectation that she could qualify for
reserve retirement, but will be prevented from doing so because
of the unfortunate consequences of 10 U.S.C. 14509.
Given the
circumstances, the Board concludes that the record should be
corrected as recommended by Pers 91.

Therefore, the record should be corrected to show that Petitioner

reenlisted in the Naval Reserve on 18 August  1986 for eight
years, vice the enlistment of 18 August 1987 now of record, and
that all subsequent enlistments or extensions be adjusted so that
she will have continuous service since then.
retirement points should be transferred from the excess over 50
in prior or subsequent anniversary years to make the anniversary
years ending 18 January 1965 and 24 June 1987 qualifying for
reserve retirement.
qualifying years, she should be transferred to the Retired List
on 17 November 2002, her 60th birthday, with eligibility for
retired pay from that date.

Since Petitioner will have over 20

Sufficient

The Board further concludes that this
should be filed in Petitioner's naval
reviewers will understand the reasons
record.

Report of Proceedings
record so that all future
for the corrections to his

RECOMMENDATION:

a.
That Petitioner's naval record be
reenlisted in the Naval Reserve on 25
vice the reenlistment of 25 June 1987
subsequent reenlistments or extensions be adjusted accordingly so
that the record shows continuous service from 25 June 1986.

corrected to show that she
June 1986 for eight years,
now of record, and that any

That Petitioner's naval record be further corrected by

b.
transferring sufficient points from the excess for 50 in prior or
subsequent anniversary years to make the anniversary years ending
on 18 January 1965 and 24 June 1987 qualifying for reserve
retirement.

That Petitioner's naval record be further corrected to show

C .
that she transferred to the Retired List on 17 November  2002 her

60th birthday.

That this Report of Proceedings be filed in Petitioner's

d.
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. ZSALMAN
Recorder

ALAN E. GOLDSMITH  
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

3

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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.

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