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NAVY | BCNR | CY2006 | 03038-06
Original file (03038-06.rtf) Auto-classification: Approved

                                             DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2Q37O~51QQ


 TRG
 Docket No: 3038-06
 22 February 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REV E F NAVAL RECORD OF

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2)      Subject’s Medical Record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Navy Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he completed 20 qualifying years for retirement and then transferred to the Retired Reserve vice being discharged.
2.       The Board, consisting of Mr. Mr. and Mr. reviewed Petitioner’s allegations of error and injustice on 13 February 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, 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 limitations and review the application on its merits.
c.       Petitioner enlisted in the Navy on 3 January 1962 at age 18.     He then served on active duty until 4 October 1973, a period of 11 years, 9 months and 2 days. He enlisted in the Naval Reserve on 5 October 1973. In accordance with regulations then in effect, his anniversary year was established as beginning on 5 October 1973, his first day of service in the Navy Reserve.








d.       Petitioner then earned eight consecutive qualifying years for reserve retirement. Therefore, at the end of his anniversary year on 4 October 1981, he was credited with 19 years, 9 months and 2 days of qualifying service for reserve retirement purposes. He completed 20 consecutive years of service in the Navy and Navy Reserve on 3 January 1982. Believing that he had 20 qualifying years, he stopped drilling at that time.
e.       At the end of his anniversary year on 4 October 1982 he was only credited with 26 of the 50 retirement points necessary for another qualifying year. A partial anniversary year can only be credited if there is a discharge or retirement during the anniversary year. Since neither of these events occurred, his qualifying years remained at 19 years, 9 months and 2 days.
f.       Petitioner remained a member of the Individual Ready Reserve (IRR) without any further qualifying years until he was honorably discharged on 14 September 1991. He became 60 years of age on 3 September 2003 and apparently has been trying to receive his retired pay since then.
g.       Petitioner points out in his application that he drilled until he completed 20 years of Navy service, and would certainly have completed his 20th anniversary year if he had understood that he was less than three months from qualifying for retirement.
h.       Petitioner’s service record has apparently been lost. However, the Board obtained his medical record which fortunately included a copy of his microfiche record.
i.       The Board did not request an advisory opinion in this case. However, the Board is aware that the Navy Personnel Command has routinely recommended corrective action when an individual is qualified for reserve retirement and errors occurred which prevented retirement.
j.       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. Petitioner clearly believed that he had 20 qualifying years when he stopped drilling in January 1982. Since he would














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have qualified except for the change in the anniversary year, the Board concludes that the record should be corrected to show that he has 20 qualifying years. The best way to correct the record is to transfer sufficient retirement points from the excess over 50 in prior anniversary years into the anniversary year ending on
4 October 1982. Since he already has been credited with 26 retirement points the number of retirement points to be transferred is probably 24. However, the number of points can be adjusted as necessary if there are changes in the final computation. With this correction, Petitioner will have 20 qualifying years.
Petitioner was in good standing in the Navy Reserve and would have been retired if he was qualified and had requested it prior to the expiration of his enlistment. Therefore, the Board concludes that Petitioner should be transferred to the Retired Reserve in the rate of IC1. Given the requirements of the Uniform Retirement Date Act, the retirement should be effective on 1 September 1991, vice the discharge of 14 September 1991 now of record. Since Petitioner is 60 years old, the record should be further corrected to show that he transferred to the Retired List on 3 September 2003, his 60th birthday.
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.
RECO M MENDAT ION:
a.       That Petitioner’s naval record be corrected by transferring sufficient retirement points from the excess over 50 in prior anniversary years into the anniversary year ending on 4 October 1982 to make that year qualifying for reserve retirement.
b.       That Petitioner’s naval record be further corrected to show that he transferred to the Retired Reserve in the rate of IC1 effective on 1 September 1991 vice the discharge of 14 September 1991 now of record.
c.       That Petitioner’s naval record be further corrected to show that he transferred to the Retired List on 3 September 2003, his 60th birthday.
d.       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














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complete record of the Board’s proceedings in the above entitled matter.


ROBERT D. ZSALMAN        ALAN E. GOLDSMITH
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.




























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