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NAVY | BCNR | CY2004 | 02931-04
Original file (02931-04.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100

                                                                                                   TRG: jdh
 Docket No. 02931-04
20 May 2004



From:    Chairman, Board for Correction of Naval Records
To:      Commander, Navy Personnel Command
Subj:    REVIEW OF NAVAL RECORD OF EX-NM1 USN

Ref:     (a) 10 U.S.C. 1552
         
         End: (1)         Copy of approved Report of Proceedings w/o attachments
         (2)     Copy of letter to Subject

 1.       In accordance with reference (a), the Board for Correction of Naval Records has reviewed allegations of error and injustice in Subject’s naval record.
2.       The designated representative of the Assistant Secretary of the Navy for Manpower and Reserve Affairs has reviewed the proceedings of the Board and approved the recommendation for corrective action as set forth in enclosure (1)
3.       Regulations approved by the Secretary of the Navy require that Subject’s naval record be corrected, where appropriate, in accordance with the approved recommendation of the Board.
4.       The Board has advised Petitioner and the Defense Finance and Accounting Service of the designated representative’s action.
5.       It is requested that this Board be furnished a copy of any correspondence relating to the approved recommendation.


ALAN E. GOLDSMITH
By direction









DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                             WASHINGTON DC 20370-5100

 TRG
 Docket No: 2931-04
 19 May 2005
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF EX-MM1 USN

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2) Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Navy, filed an application with this Board requesting that his record be corrected to establish his eligibility for Naval Reserve retired pay at age 60.
2.       The Board, consisting of Mr. Koman, Mr. Mimer and Ms. McCormick, reviewed Petitioner’s allegations of error and injustice on 11 May 2004 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 enlisted in the Navy on 10 February 1969 and served on active duty until he was released on 26 September 1973, a period of 4 years, 9 months and 18 days. In the next anniversary year, he earned a qualifying year for reserve retirement. He was honorably discharged on 9 December 1974 at the end of his military obligation.
d.       Petitioner enlisted in the Naval Reserve on 10 December 1974. He then earned six consecutive qualifying years for reserve retirement. On 19 September 1980 he reenlisted in the Navy and served continuously on active duty until 1 August 1993, when he was honorably discharged by reason of obesity. During his service he advanced to petty officer first class (N141; E-6). At that time, he had completed 17 years, 9 months and 12 days of active service, plus 6 years, 11 months and 13 days of qualifying Naval Reserve Service.
e.       Although Petitioner has accumulated over 24 qualifying years, he is not eligible for reserve retirement because he does not have the last six qualifying years in the reserve component.
f.       The Board did not request an advisory opinion in this case. However, the Board is aware that the Navy Personnel Command has routinely recommended transfer to the Retired Reserve of those individuals who are qualified for reserve retirement but have been discharged because their enlistment had expired.
g.       The Board is aware that the Uniform Retirement Date Act, 5 U.S.C. 8301 requires that the effective date of any retirement be the first day of the month.
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 performed his duties in an excellent manner and was denied further service only because of his inability to meet the physical readiness standards. Since Petitioner has over 24 years of qualifying service, the Board concludes that to deny him retirement benefits would be unjust, and his record should be corrected to establish eligibility for reserve retirement at age 60.

Therefore, Petitioner’s naval record should be corrected to show that on both 16 May 1986 and 14 May 1991, he enlisted in the Naval Reserve instead of in the Regular Navy. With this correction his last seven qualifying years will be in the reserve component. The fact that he served on active duty during this period does not change the fact that these years of qualifying service will be in the reserve component.

Petitioner was otherwise in good standing and would have been retired effective 1 August 1993 if he had been qualified at that time. Therefore, the Board concludes that he should be transferred to the Retired Reserve in the rate of MM1. Given the requirement of the Uniform Retirement Date Act, the retirement should be effective on 1 August 1993 vice the discharge of that date now of record. The Board is aware that Petitioner will not be age 60 until 30 March 2008.
2

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 on 16 May 1986 and 14 May 1991 he enlisted in the Naval Reserve vice the enlistments in the Regular Navy on those dates now of record.

b. That Petitioner’s naval record be further correct to show that he transferred to the Retired Reserve effective on 1 August 1993 in the grade of MMl.

c. 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        ALAN E. G MITH  
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.
3
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                     WASHINGTON DC 20370-5100

                                                                                          TRG: jdh
                                                       Docket No. 02931-04
                                                      20 May 2004



NM1 USNR RETIRED

Dear Petty Officer:
This is in reference to your application for correction of your naval record submitted pursuant to the provisions of title 10 of the United States Code, section 1552.
The final decision in your case is set forth in the Board’s report of proceedings, a copy of which is enclosed. The approved changes to your naval record will be made by the Commander, Navy Personnel Command (NPC) Code 312, 5720 Integrity Drive, Millington TN 38055-3120. After NPC makes these changes, the Defense Finance & Accounting Service (DFAS) will review your record and make payment of any money that you may be entitled to. Questions concerning money paid and/or the manner of computation should be directed to DFAS-POCC/DE, 6760 E Irvington Place, Denver, CO 80297-7000. Please wait at least 180 days from the date of this letter before contacting NPC or DFAS about the status of your case. Also, you should immediately notify DFAS and NPC of any change in your mailing address.
Sincerely,


ALAN E. GOLDSMITH
Head, Discharge Section
Enclosure
Copy to:
DFAS w/o enclosures
NPC w/o enclosures

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