DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Docket No: 11204-06
19 July 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: canal OF NAVAL RECORD OF pig
Ref: (a) Title 10 U.S§.c. 1552
Encl: {1) Case Summary
(2) Subject's naval record
(a), Petitioner, a
, filed an application
2. The Board, consisting of Mr [ies Ms. SmI og Ms.
Wa, reviewed Petitioner's allegations of error and injustice on
17 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, naval records, and
applicable statutes, regulations and policies.
c. Petitioner reenli
September 1986 for six years.
Petitioner was born on
ears old on 5 September 2007.
dad. 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 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:
expiration of his enlistment. Therefore, the Board concludes
that Petitioner should be transferred to the Retired Reserve in
the grade of CMC. Given the requirements of the Uniform
Retirement Date Act, the retirement should be effective on 1
November 1992, vice the discharge of 19 November 1992.
Since Petitioner will be 60 years old on 5 September 2007, only
about seven weeks from the date of this letter, the Board further
concludes that he should be transferred to the Retired List
effective on 5 September 2007.
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 CMC
effective on 1 November 1992 vice the discharge of 19 November
1992 now of record.
b. Further, that on 5 September 2007 Petitioner be transferred
to the Retired List.
c. 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
matter.
ROBERT D. ZSALMAN :
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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