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NAVY | BCNR | CY2005 | 10164-05
Original file (10164-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                      
                                                      TRG
                                                                                           Docket No: 10164-05
                                                                                          28 February 2006



This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 2006. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record , the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The record shows that you enlisted in the Naval Reserve on 17
September 1940 and were appointed a midshipman on 14 February
 1941. on 18 April 1941 you were appointed a ensign in the Naval Reserve. You then served in an excellent manner throughout World War II. You were released from active duty on 9 December 1945. On 16 July 1947 you were informed that you had been promoted to lieutenant commander, to rank from 3 October 1945.

 During your wartime service, on 18 February 1944, the Bureau of Naval Personnel prepared a statement of service, which indicated that you had no service prior to 17 September 1940. You apparently did not indicate that the statement was inaccurate, in anyway.
The law concerning reserve retirement was changed effective on 1 July 1949. After that date, an individual had to earn 50
retirement points for a qualifying year, and 20 qualifying years were needed to be eligible for reserve retired pay at age 60.

However, all members who were members of the Naval Reserve prior
 to 1 July 1949 were given qualifying service for most prior service. Consequently, using the formula specified in the law, you were credited with 8 years, 6 months and 14 days of qualifying service as of 1 July 1949. On 3 October 1949, another statement of service was prepared by the Bureau of Naval Personnel, which also indicates that you had no service prior to 17 September 1940.
In the anniversary years beginning on 1 July 1951 and ending on
30 June 1956, you earned five consecutive qualifying years.
After that point, you earned no further qualifying years.
Therefore, you were credited with 13 years, 8 months and 14 days
of qualifying service for reserve retirement purposes.
Apparently because of your periods of inactivity, you were not selected for promotion to commander. Because of these failures of selection, your discharge or retirement was required by law. Under regulations then in effect, you were given an opportunity to request honorary retirement and were retired effective on 1 May 1959. However this honorary status did not establish eligibility for reserve retired pay.
In your application, you are contending that you had reserve service beginning in 1936 which, if credited, would establish your eligibility for reserve retired pay. As indicated, there is no evidence that you had any service prior to 17 September 1940. Therefore, it is clear that you have been properly credited with 13 years, 6 months and 14 days of qualifying service based on documentation available to the Navy. Accordingly, you were not eligible for reserve retired pay at age 60. The Board noted that even if you could establish service prior to 17 September 1940, you would need more than six years of such service to qualify for retired pay.
Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
I am enclosing for your information a detailed chronology of your service and a copy of a Record of Military Service for Naval Reserve Retirement, which was found in your naval record.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval




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record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.


Sincerely,




                                                               W. DEAN PFEIFFER
 Executive Director


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