DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 10778-07
21 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF a
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 on 17 December 1987.
2. The Board, consisting of Mr . Satine... Ms. amiiiipetes and Ms.
We reviewed Petitioner's allegations of error and injustice
on 12 August 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.
1981 for six years and subsequently extended that enlistment for
six months. On 10 April 1987 he was issued a Notification of
Eligibility for Retired Pay at Age 60. Petitioner was honorably
discharged on 17 December 1987 at the expiration of his
enlistment as extended. At the time of his discharge he was
serving as a petty officer second class (HT2; paygrade E-5). He
became 60 years of age on 26 August 2007.
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 not transferred
to the Retired Reserve.
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:
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 petty
officer second class. Given the requirements of the Uniform
Retirement Date Act, the retirement should be effective on 1
December 1987 vice the discharge of 17 December 1987 now of
record. Since he is now 60 years old, the record should be
further corrected to show that he transferred to the Retired List
on 27 August 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 effective on 1 December 1987,
in the rate of HT2 vice the discharge of 17 December 1987 now of
record. His record should then be corrected to show that he
transferred to the Retired List on 26 August 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.
Ghuow). Arergr
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.
den?
W. DEAN PFEYF
Executive Djkeatbr
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