DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 10422-07
24 November 2008
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 member of the Navy Reserve, filed an application with this
Board requesting, in effect, that his record be corrected to show
that he transferred to the Retired Reserve and to the Retired
List vice being discharged.
2. The Board, consisting of Vee Mr . [eed Ms.
reviewed Petitioner's allegations of error and injustice on
18 November 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 available under existing law and
regulations within the Department of the Navy.
b. Petitioner's application was filed in a timely manner.
c. Petitioner reenlisted in the Navy Reserve on 11 August
1976 for six years. On 16 September 1981 he was advanced to
chief petty officer (MSC; E-7). On 11 August 1982 a four year
extension became effective. A Statement of Service for Navy
Reserve Retirement shows that he was honorably discharged on 30
September 1986 with 20 years, 11 months and 18 days of qualifying
service and 2,700 retirement points. An administrative remarks
entry in the record indicates that he was discharged on 15 April
1987 because his enlistment had been extended by administrative
action and he was not physically qualified.
d. On 6 May 1987 Petitioner was issued a Notification of
Eligibility for Retired Pay at Age 60. He became 60 years of age
on 14 October 2007 and is receiving his retired pay as a former
member. He states, in effect, that he did not understand his
status as a former member.
e. The Board did not request an advisory opinion in this
case. However, the Board is aware that the Navy Personnel
Command has recommended corrective action in similar cases when
an individual is qualified for reserve retirement and errors
occurred which prevented retirement.
f. 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 in sufficient time
prior to the expiration of his enlistment. Therefore, the Board
concludes that Petitioner's record should be corrected to show
that he transferred to the Retired Reserve in the rate of MSC.
Given the requirements of the Uniform Retirement Date Act, it
appears that the retirement should be effective on 1 August 1986
the last possible date prior to the expiration of the four year
extension. However as indicated there are conflicting entries in
the record. Therefore, the effective date of retirement is left
to the discretion of the Navy Personnel Command. Since he is now
60 years old, the record should be further corrected to show that
he transferred to the Retired List on 14 October 2007, his 60th
birthday.
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 record be corrected to show that he
transferred to the Retired Reserve on a date to be determined by
the Navy Personnel Command, in the rate of MSC, vice the
discharge now of record. His record should then be corrected to
show that he transferred to the Retired List on 14 October 2007,
his 60th birthday.
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.
Bro.) Fog
ROBERT D. ZSALMAN BRIAN J. GEORGE
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.
W. DEAN P
a
Executive Dirac
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