WASHINGTON DC 20
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
370-5100 np G
Docket No: 1136-06
17 July 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: Bowes geNAVAL RECORD OF -_
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) Case Summary
1. Pursuant to the provisions of re
retired member of the Navy Reserve,
this Board requesting that his recor
the highest grade satisfactorily hel
petty officer second class (AD2; E-5
2. The Board, consisting of M
ference (a), Petitioner, a
filed an application with
d be corrected to show that
dad for retirement purposes is
).
| Mr Te and Ms.
"WHOM reviewed Petitioner's al egations of error and injustice
on 11 July 2007 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, the Electronic Military
Personnel Records System (EMPRS), and applicable statutes,
regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error
follows:
and injustice, finds as
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of
c. Petitioner served on active
until 25 July 1994, a period of more
the Navy.
+
duu from 20 February 1985
than nine years. He then
served in the Navy Reserve, earning six qualifying years for
reserve retirement between 1994 and 2000. During these periods
of active and reserve service, Petitioner attained the rate of
petty officer third class (AD3; E-4)
Medals and a Navy Achievement Medal.
and earned two Good Conduct
d. Petitioner continued his Navy Reserve service and was
advanced to AD2 on 16 December 2000.
On 14 December 2003, he
reenlisted in the Navy Reserve for six years. At that time, he
had over 18 qualifying years for reserve retirement.
e. In the latter part of 2004, while serving on active duty
in Bahrain, ‘cooking. utensils valued at about $50 belonging to a
local hotel were found in Petitioner's baggage. On 17 October
2004, he received nonjudicial punishment (NJP) for larceny and
wrongful appropriation. The punishment imposed was a reduction
in rate to petty officer third class (AD3; E-4). In December
2004, Petitioner appealed the NJP, essentially contending that
the punishment was disproportionate to the offense committed.
The commanding officer stated in his endorsement on the NJP
appeal, in part, as follows:
.. As evidenced by witnesses' statements contained in
enclosure (1), (Petitioner) did, in fact, take utensils
out of the room he was occupying. He first denied all
knowledge of the missing utensils, when cornered, he
offered on of the items back and then ultimately all of
the items. He then added a very questionable excuse
that a housekeeper allowed him to have the items, only
after all other attempts to distance himself from the
incident failed.
-.. Ultimately, (Petitioner) fails to understand the
gravity of theft in a foreign country and the possible
resulting actions.
Subsequently, the NJP appeal was denied by the Commander, Naval
Reserve Forces Command. Copies of the NJP appeal and endorsement
are attached to enclosure (1).
e. On 10 December 2004 Petitioner was transferred to a
nonpay status because he had reached the high-year tenure point
for an individual serving in paygrade E-4. However, he
completed 20 years of qualifying service for reserve retirement
purposes in August 2005 and, on 9 January 2006, he was issued a
Notification of Eligibility for Retired Pay at Age 60.
ff. Petitioner was then issued involuntary active duty
orders for one year and reported for extended active duty in July
2006. His division chief states that he is serving in an
excellent manner as a customs agent in Kuwait. He was released
from active duty on 20 June 2007 with a recommendation for
reenlistment.
g. Attached to enclosure (1) is an advisory opinion from
the Navy Personnel Command (NPC), dated 14 September 2006, which
concludes that because of the 17 October 2004 NUP, he did not
serve satisfactorily in the grade of E-5 and he should be retired
aS an E-4 at age 60. The determination of the highest grade for
retirement in reserve cases is normally not made until the member
is eligible for retired pay at age 60. However, it is clear from
the NPC opinion that the determination has been made in this
case.
h. Since Petitioner has now attained 20 years of qualifying
service for reserve retirement, he may be transferred at any time
to,the Retired Reserve. When he reacheg his 60th birthday in
2024, he may be transferred to the Retired List and he will be
eligible for retired pay.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board does not condone the offenses for which he
received NJP on 17 October 2004 and believes that the NUP was
properly imposed and a reduction in grade at that time was
appropriate. However, it was clearly an aberration in an
otherwise good record. Additionally, since the recommendation
concerning his retirement grade was made, he has served in an
excellent manner in Kuwait. Given the totality of the record,
the Board concludes that his record should be corrected to show
that the highest grade satisfactorily held was AD2 and he should
be retired in that grade when he begins receiving his retired pay
at age 60. The Board's action does not preclude retirement in a
reduced grade if he receives disciplinary action in the future.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record to document the
Board's action and so all future reviewers will understand the
reasons for the change in the retirement grade.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
the highest grade held for retirement purposes on transfer to the
Retired List on his 60th birthday is AD2.
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
ROBERT D. ZSALMAN ALAN E. GOLDSMITH
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
W. DEAN PFE
Reviewed and approved:
Qa! \. GS.
\-WS-0O
Call
Robert T.
Manpower and Reserve Affairs)
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