DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF
NAVY
ANNEX
NAVAL RECORDS
2
WASHINGTON DC 20370-5100
TRG
Docket No:
29 October
Re_cords
7388-03
2003
Chairman, Board for Correction of Naval
Secretary of the Navy
From:
To:
Subj:
Ref:
Encl:
L RECORD OF
I_
(a) Title 10 U.S.C. 1552
'(1) Case Summary
(2) Subject's naval record
(TERA).
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Naval Reserve, filed an application
with this Board requesting that his record be corrected to show
that he was retired under the provisions of the Temporary Early
Retirement Authority
2.
The Board, consisting of Ms. McCormick, Ms. Prevatt and Mr.
Nicholson, reviewed Petitioner's allegations of error and
injustice on 21 October 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
to Petitioner's allegations of
follows:
a.
Before applying to this Board, Petitioner exhausted all
all the facts of record pertaining
error and injustice, finds as
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 reenlisted in the Navy on 4 November 1992 for
six years and subsequently extended that enlistment for another
two years.
discharged on 1 December 1999 by reason of hardship.
time, he had completed 17 years and 27 days of active service and
was serving as a petty officer first class
The DD Form 214 shows that he was honorably
(HTl; E-6).
At that
d.
Attached to enclosure (1) is an advisory opinion from
.
.
the Navy Personnel Command which states, in part, as follows:
. (Petitioner) had a request in for early retirement
(He) fit all
.
under TERA at the time of his discharge.
the qualifications for TERA but was not afforded the
opportunity to finish the process.
injustice (Petitioner) should have his record corrected
and placed on retirement under TERA with all
entitlement from his 1 December 1999 release date.
In light of this
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
Since Petitioner had over 17 years of active service
action.
and was eligible for retirement under TERA, the Board agrees with
the recommendation contained in the advisory opinion.
Therefore,
the Board concludes that Petitioner should be transferred to the
Fleet Reserve under the provisions of TERA effective on 1
December 1999 vice the discharge of that date now of record.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
TERA.
reviewers will understand that he was retired under
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that he
transferred to the Fleet Reserve effective on 1 December 1999 in
the rate of
HTl vice the discharge actually issued on that date.
b.
naval record.
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
That this Report of Proceedings be filed in Petitioner's
ROBERT D. ZSALMAN
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
Acting Recorder
2
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
3
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