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NAVY | BCNR | CY2006 | 07952-06
Original file (07952-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                                       WASHINGTON DC 2O37O -5100
                                                                                

                                                                                          TRG                                                                                                                            Docket No: 7952-06
                                                                                          13 October 2006
From; Chairman, Board for Correction of Naval Records
 To:      Secretary of the Navy
         Su bj:     REVIEW OF NAVAL RECORD

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2)      Subjects 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 show that he transferred to the Retired Reserve vice being discharged.
2.       The Board, consisting of Mr. Mr. .~ and Ms., reviewed Petitioner’s allegations of error and injustice on 4 October 2006 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 was issued a Notification of Eligibility for Retired Pay at Age 60 on 19 November 1995. In 1997 he was advanced to chief petty officer (RNC; E-7). He reenlisted in the Naval Reserve for three years on 13 June 1999. At the end of his - anniversary year on 1 June 2001 he was credited with about 26 years of continuous qualifying service for reserve retirement purposes. The next entry in the record indicates that he was honorably discharged at the expiration of his enlistment on 12 June 2002.

d.       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 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 Naval 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 in the grade of RNC. Given the requirements of the Uniform Retired Date Act, the retirement should be effective on 1 June 2002 vice the discharge of 12 June 2002 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 in the grade of RNC effective on 1 June 2002 vice the discharge of 12 June 2002 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 7 23.6(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
                                                               W. DEAN PFEIFFER
                                                                Executive Director

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