2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TRG
Docket No: 7749-06
27 March 2007

From: Chairman, Board for Correction of Naval Records

 

To: secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary

(2) Subject's naval record

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy Reserve, filed an application
with this Board requesting, in effect, that her record be

corrected wherever necessary to establish eligibility for reserve
retirement.

2. The Board, consisting of Mr @gegglie Miwa and Mr.
reviewed Petitioner's allegations of error and
injustice on 20 March 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 consider the application on
its merits.

c. Petitioner reenlisted in the Navy for four years on 9
December 1993 and extended that enlistment on several occasions,
totaling about 27 months. She was honorably discharged on 8
March 2000 with an RE-R1 reenlistment code. The DD Form 214
shows that she had completed 18 years, 9 months and 5 days of
active service and was serving as a petty officer second class
(AD2; E-5). At that time, she was 55 years old.

d. Petitioner contends that her DD Form 214 is in error and
she actually has 20 years of active service. She further
contends that her record of inactive service is in error.

e. Attached to enclosure (1) is an advisory opinion from
the Navy Personnel Command along with a revised statement of
service, which shows Petitioner's National Guard service in the
late 1970's which raised her total active service to 18 years, 11
months and 5 days. Since 20 years of active service is required,
the advisory opinion concludes that she is not eligible for
active duty retirement.

f. The revised statement of service was forwarded to the
Navy Reserve section of the Navy Personnel Command, which made
corrections and has provided a Statement of Service for Navy
Reserve Retirement which now shows that she now has 20 years of
qualifying service for Navy Reserve Retirement. The statement of
service shows that she served in the Navy Reserve from 31 March
2000 to 30 March 2002 but did not earn qualifying years.

g. In order to be eligible for reserve retirement at the
time of Petitioner's discharge in 2002 an individual had to
accumulate 20 years of qualifying service, the last six of which
must have been served in the reserve component. As indicated,
Petitioner served in the Regular Navy until 8 March 2000.
Therefore, she is not eligible for reserve retirement because she
did not serve the last six years of qualifying service in the
reserve component.

h. The Board is aware that the Navy Personnel Command has
routinely recommended corrective action in those cases where an
individual is qualified for reserve retirement, but has been
discharged and not retired.

i. The Uniform Retirement Date Act, 5 U.S.C. 8301
requires that the effective date of any retirement must be the
first of the month

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. It is unclear from the record why she did not continue to
serve on active duty, because she had good evaluations and was
assigned the best possible reenlistment code. However, it is
clear that Petitioner is now eligible for reserve retirement,
except for the fact that the last six qualifying years were not
served in the reserve component.

Given Petitioner's many years of excellent service, the Board
concludes that the record should be corrected to show that she is
eligible for reserve retirement. This action can be accomplished
by correcting the record to show that she enlisted in the Naval
Reserve on 9 December 1993 vice in the Regular Navy, and that she
served on active duty in the reserve component until her
discharge on 8 March 2000. With this correction, Petitioner will
have 20 qualifying years with the last six of those years in the
reserve component.

Since Petitioner was in good standing in the Navy Reserve and is
now qualified for retirement, the record should be further
corrected to show that she transferred to the Retired Reserve in
the rate of AD2 effective on 1 March 2002 which is the last
possible first of the month. Since she reached her 60th birthday
on 5 September 2006, the record should be further corrected to
show that she transferred to the Retired List effective that

date.

The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will under her status in the Retired Reserve.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that on 9
December 1993 she enlisted in the Navy Reserve vice the
enlistment in the Regular Navy now of record and that she served
on active duty in the Reserve component until she was honorably
discharged on 8 March 2000.

b. That Petitioner's record be further corrected to show that
she transferred to the Retired Reserve in the rate of AD2 on 1
March 2002 vice the discharge of 30 March 2002 now of record.

c. That Petitioner's record then be corrected to show that she
transferred to the Retired List on 5 September 2006, her 60th

birthday.

dad. 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.

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