Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 01532-07
Original file (01532-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-S 100







 JRE
 Docket No. 1532-07
29 April 2008

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj FORMER
REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149
 (2)      NPC memo 5730 Ser: PERS-95/0280, 7 Feb 08
(3)      Miscellaneous records obtained from DVA
1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show that he transferred to the Retired Reserve with entitlement to retired pay at age 60, vice being discharged from the Navy Reserve.
2.       The Board, consisting of Messrs. and reviewed
 Petitioner’s allegations of error and injustice on 10 April 2008, 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 which were available under existing law and regulations within the Department of the Navy.




b. Petitioner contends that he was or dered to stop drilling with his
 Navy Reserve unit in April 2000 after he reported that
 he had been diagnosed with prostrate cancer. He had completed over seventeen years of service qualifying for Reserve retirement at that time. He states he was advised that he would receive a “medical discharge”, but his unit did not submit the necessary paperwork to effect it. He believes that he would have established his entitlement to Retired Pay at age 60 had his case been processed correctly.
c.       In correspondence attached as enclosure (2) , the Board was advised by the Assistant Commander, Navy Personnel Command for Reserve Personnel Management (PERS-95), that at the time Petitioner was transferred to the Individual Ready Reserve (IRR), Selective Reservists who had between 15 and 20 years of service and were considered not physically qualified for retention were entitled to Reserve Transition Benefits, to include early qualification for retired pay at age 60. After review of the available records, PERS-95 was unable to substantiate whether Petitioner was in fact not physically qualified (NPQ) for retention at that time. Likewise, the reason for Petitioner’s transfer to the IRR is not documented. Therefore, PERS-95 could not support Petitioner’s request at that time. PERS-95 indicated that if Petitioner could provide more detained clinical information on the condition which he feels rendered him NPQ, another review would be conducted.
d . Records obtained from the Department of Veterans Affairs (VA) after the case was reviewed by PERS-95 indicate that on 13 December 1999, the VA granted Petitioner a disability rating of 100% for prostate cancer, effective 29 Maràh 1999, based on the presumed connection between the cancer and his exposure to Agent Orange while serving in Vietnam in the 1960’s. In a letter dated 9 April 2000, the director of a branch medical clinic advised Petitioner’s commanding officer that Petitioner was NPQ and should be transferred to a Records Review Status because of his prostate cancer. In a letter dated 1 June 2000, Petitioner was advised by his commanding officer that he was being processed for a determination of his physical qualification for retention in the Navy Reserve. He was directed to submit medical documentation, to include as a minimum a diagnosis, statement of present treatment, limitations, prognosis and estimated time of recovery. He was also advised that if he failed to provide the required information within thirty days of receipt of the letter, he was subject to administrative processing for noncompliance. Available records do not indicate whether Petitioner received the letter.



2


CONCLUSION:
Upon review and consideration of all the evidence of record, and accepting Petitioner’s contentions concerning the circumstances of the termination of his status in the Selected Reserve, the Board concludes that Petitioner should have been found NPQ for further service in 2000 and transferred to the Retired Reserve with early qualification for retired pay at age sixty. Accordingly, the Board recommends the following corrective action. -

RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was not transferred to the Individual Ready Reserve or discharged from the Navy Reserve.
b.       That his record be further corrected to show that he was transferred to the Retired Reserve effective 1 August 2000 with early qualification for retired pay at age 60, as provided for by the Reserve Transition Benefits then in effect.
c.       That a copy of this Report of Proceedings be filed at an appropriate location 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        JA MES R. E XNICIOS
Recorder         Acting Recorder
5.       The foregoing report of the Boa rd is submitted for your review
 and action.




         W. DEAN PFEIFFER
 Executive Director
                                                                       

Similar Decisions

  • NAVY | BCNR | CY2006 | 08589-06

    Original file (08589-06.rtf) Auto-classification: Approved

    The Board, consisting of Ms. , Ms.’ and Ms. reviewed Petitioner’s allegations of error and injustice on 9 January 2007 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 60 th birthday.In the absence of documentation from his command concerning his request for the award of the Navy and Marine Corps and designation as a Master Training Specialist, there is no justification for the Board to take...

  • NAVY | BCNR | CY2002 | 05701-02

    Original file (05701-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former commissioned officer in the Naval Reserve filed an application with this Board requesting, in effect, that his record be corrected to show reinstatement in the Naval Reserve so that he can qualify for reserve retirement. He earned no further qualifying years and was honorably discharged on 31 August 2000. d. Attached to enclosure (1) is an advisory opinion from Director, Naval Reserve Administration Division, Navy...

  • ARMY | BCMR | CY2012 | 20120001381

    Original file (20120001381.txt) Auto-classification: Denied

    He indicated that he had at least 15 but less than 20 qualifying years of service for retired pay with the last 6 years having been creditable Reserve service (good years). On 7 May 2008, officials at HRC-STL advised him that his records indicated he had completed 19 years of creditable active service and that the remaining 6 years of Selected Reserve service must be good years to qualify for nonregular retirement. Since the applicant did not complete 20 qualifying years of service or...

  • ARMY | BCMR | CY2002 | 2002066635C070402

    Original file (2002066635C070402.rtf) Auto-classification: Approved

    The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show he received his notification of eligibility for retired pay at age 60 (his 20-year letter). Based upon the listed causes of his death, it appears his death may have been related to his radical prostatectomy surgery. That the applicant be paid the RCSBP annuity retroactive to 17 November 2001, the date of the FSM’s death, as a result of the above corrections.

  • NAVY | BCNR | CY2003 | 01094-03

    Original file (01094-03.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a The Board, consisting of yL_II, reviewed Petitioner's allegations of error and 1. former enlistment member in the Naval Reserve, filed an application with this Board requesting that his record be corrected to show that she transferred to the Retired Reserve under the provisions of the Reserve Transition Benefit-program (RTB). 60 years old on 30 January...

  • NAVY | BCNR | CY2002 | 07232-02

    Original file (07232-02.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. former 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 under the provisions of the Reserve Transition Benefit (RTB) program. status by the reserve center until a final determination was made BUMED package prevented its by completion prior to the ending date of the RTB...

  • ARMY | BCMR | CY2013 | 20130009483

    Original file (20130009483.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his records to show he was retired from active duty by reason of physical disability in lieu of his Reserve retirement from the Georgia Army National Guard (GAARNG). The applicant provides: * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DA Form 2173 (Statement of Medical Examination and Duty Status) * MEDCOM Form 699-R (Report of Mental Status Evaluation) * fit-for-duty/release from active duty request *...

  • NAVY | BCNR | CY2005 | 08122-05

    Original file (08122-05.rtf) Auto-classification: Approved

    officer of the Naval Reserve Center forwarded his request for early retirement to the Commander, Naval Reserve Forces, recommending that early retirement be approved. The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the circumstances of his retirement in the grade of LCDR. That Petitioner’s naval record be corrected to show that effective on 1 January 2000, he transferred to the Retired...

  • NAVY | BCNR | CY2001 | 00123-00

    Original file (00123-00.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former commissioned officer in the United States 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 on 8 April and then to the Retired List, 2000. After a review of the chronology of service prepared Petitioner, Pers 9 noted that he earned 32 retirement points the anniversary year ending 9 September 1975 and, in...

  • NAVY | BCNR | CY2008 | 10069-08

    Original file (10069-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 10069-08 19 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF «gigi Ref: (a) Title 10 U.S.C. At the end of his anniversary year on 18 April 2001 he was only credited with 42 of the 50 retirement points necessary for another qualifying year. Although Petitioner requested that the transfer to the...