DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F N A V A L RECORDS
2 NAVY ANNEX
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0 TRG
Docket No: 758-03
23 April 2003
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
RECORD 0
Ref :
(a) Title 10 U.S.C. 1552
Encl: (1) NPC ltr 5420 Pers-911 of 30 Jan 2001
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former commissioned officer 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,
vice being discharged.
2. The Board, consisting of Mr. Grover, Mr. Harrison and Mr.
Pfeiffer, reviewed Petitioner's allegations of error and
injustice on 22 April 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. Although it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitation and review the application on its
merits.
c. Petitioner was commissioned an ensign in the Naval
Reserve on 12 August 1952 upon completion of officer candidate
school. He then served on active duty for about three years. He
was released from active duty on 17 October 1955. At the end of
his anniversary year on 24 May 1956 he was credited with four
years of qualifying service for reserve retirement. The next
four anniversary years were not qualifying. He then began to
drill and earned 16 consecutive qualifying years for retirement.
During this period he was promoLed to lieutenant commander (LCDR;
0-4). On 13 September 1976 he was issued a Notification of
Eligibility for Retired Pay at Age 60. He apparently stopped
drilling at that time and on 28 November 1977 he was issued a
discharge certificate, dated retroactively to 30 June 1977
apparently because he had twice failed of selection. He became
60 years old on 26 March 1989 and has been receiving his retired
pay as a "former member" since then.
d. At enclosure (1) is an advisory opinion from the Navy
Personnel Command (Pers 911), recommending that Petitioner's
record be corrected to show that he transferred to the Retired
Reserve effective 1 January 1977, and transferred to the Retired
List on 26 March 1989, his 60th birthday.
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 was in good standing in
the Naval Reserve and would have been retired if he had requested
it. Therefore, the Board agrees with the recommendation
contained in the advisory opinion. Therefore, Petitioner's
record should be corrected to show that he transferred to the
Retired Reserve effective 1 January 1977 in the grade of LCDR.
The record should then be corrected to show that he transferred
to the Retired List on 26 March 1989, his 60th birthday.
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:
a. That Petitioner's naval record be corrected to show that he
transferred to the Retired Reserve effective on 1 January 1977
in the grade of LCDR, vice being discharged on 30 June 1977. The
record should then be corrected to show that he transferred to
the Retired List on 26 March 1989, his 60th birthday.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
4. It is certified that a 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
Recorder
ALAN E. GOLDSMITH
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.
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