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NAVY | BCNR | CY2006 | 07133-06
Original file (07133-06.rtf) Auto-classification: Approved

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

 TRG
 Docket No: 7133-06
 10 January 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF

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 Naval Reserve, filed an application with this Board requesting that his record be corrected to sh\ow that he transferred to the Retired Reserve vice being discharged .
2.       The Board, consisting of Mr. Ms. ,       reviewed Petitioner’s allegations of error and injustice on 3 January 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 reenlisted in the Navy Reserve on 6 December 1989 for six years. On 7 December 1995, a 24 month extension became effective. On 13 May 1997 he was issued a Notification of Eligibility for Retired Pay at Age 60. The next entry in the record shows that he was honorably discharged on 5 December 1997 at the expiration of his enlistment, as extended.
d.       The Board did not request an advisory opinion in this case. However, the Board is aware that the Navy Reserve Personnel Center has routinely recommended corrective action when
 an individual is qualified for reserve retirement and there
 is no explanation in the record why the individual was discharged and not retired.

 e.       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 was in good standing in the Navy Reserve and would have been retired if he had requested it prior to the expiration of his enlistment. Therefore, the Board concludes that Petitioner should be transferred to the Retired Reserve as a petty officer second class (OS2; E-5). Given the requirements of the Uniform Retired Date Act, the retirement should be effective on 1 December 1997 vice the discharge of 5 December 1997 now of record.

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 he transferred to the Retired Reserve as an 0S2 effective on 1 December 1997 vice the discharge of 5 December 1997 now of record.

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 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.


DEAN PFEIFFER
Executive Director











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