DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
6 June 2003
Chairman, Board for Correction of Naval Records
Secretary of the Navy
1094-03
RD OF
(a) Title 10 U.S.C. 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).
2.
Mr.
injustice on 28 May 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.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
Before applying to this Board, Petitioner exhausted all
The Board, having reviewed all the facts of record pertaining
MmMr.D and
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,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
C .
Petitioner enlisted in the Naval Reserve Advanced Pay
Grade Program, as a petty officer second class (YN2; E-S), on 16
October 1976 at age 33.
qualifying years for reserve retirement.
The three anniversary
years beginning on 16 October 1987 and ending on 15 October 1990
are not qualifying.
earned three qualifying years.
In one of the years, she has been
credited with 43 of the 50 points required for a qualifying year.
At the end of the anniversary on 15 October 1994 she was
In the next four anniversary years, she
She then earned 11 consecutive
credited with 14 years of qualifying service.
d.
On 25 May 1995, she was transferred to a records review
About this time, her request
status because she was not physically qualified (NPQ), and she
earned no further qualifying years.
to transfer to the Retired Reserve under the provisions of the
RTB program was denied because she did not have 15 years of
Apparently, the paperwork to resolve her
qualifying service.
physical status was mishandled because the Physical Evaluation
Board did not find her physically disqualified until 5 May 1998,
almost three years after being placed in records review.
Subsequently, another request for reserve retirement was denied.
Petitioner became
She was honorably discharged on 1 April 1999.
60 years old on 30 January 2003.
e.
The Board is aware that individuals placed in an NPQ
status are eligible to earn points through the completion of
correspondence courses.
correspondence course.
Petitioner only completed one 12 point
f.
The "Temporary Special Retirement Qualification
Authority" was enacted into law in 1992 and is codified at Tile
10 U.S.C. 12731a.
reservists with 15 years of qualifying service during the period
from 23 October 1992 to 31 December 2001.
modified, effective 5 October 1994, as follows:
The law, as modified, allows retirement of
The law was also
.
.
f The Secretary concerned may, consistent with the
.
other provisions of this section, provide the
notification (of eligibility for retired pay at age 60)
to a member who no longer meets the qualification for
membership in the Selected Reserve solely because the
member is unfit because of a physical disability.
. . . .
The Board notes that Petitioner should not have been
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
carried in an NPQ status for almost three years without some
Further, Petitioner had 14 qualifying year and
resolution.
another year with 43 of the 50 points necessary for a qualifying
year.
she should have been advised and encouraged to complete
correspondence courses.
concludes that Petitioner's record should be corrected to show
that she was eligible for RTB retirement and transferred to the
Retired Reserve.
Since she was so close to being eligible, it is clear that
Given the circumstances, the Board
2
With this change, Petitioner will have 15
This action can be accomplished by transferring seven retirement
points from the anniversary year ending 15 October 1994 into the
in which she has already
anniversary year ending 15 October 1993,
entered 43 points.
qualifying years and would have been eligible for RTB retirement.
The record should then be corrected to show that she transferred
to the Retired Reserve in the rate of YN2, effective 1 April
Since Petitioner is 60
1999, vice the discharge of that date.
years old, the record should be further corrected to show that
she transferred to the Retire-d List on her 60th birthday, 30
January 2003.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand her status on the Retired List.
RECOMMENDATION:
a.
retirement points from the anniversary year ending 15 October
1994 into the anniversary year ending 15 October 1993.
b.
that she transferred to the Retired Reserve effective 1 April
1999 in the rate of YN2 vice the discharge of that date now of
She should then be transferred to the Retired List on
record.
30 January 2003, her 60th birthday.
That Petitioner's naval record be corrected by moving seven
Petitioner's record should then be further corrected to show
That this Report of Proceedings be filed in Petitioner's
C .
naval record.
4.
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
and that the foregoing is a true and
-
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
Acting Recorder
3
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
W. DEAN P
4
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