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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 10946-07
23 June 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF SS@QaMiy
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 16 April 1988.
2. The Board, consisting of Mr. nbs Ms . Ws and Ms.
/ reviewed Petitioner's allegations of error and
injustice on 3 June 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. 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 consider the application on
its merits.
c. Petitioner initially enlisted in the Navy on 23 November
1964 with about 20 months of prior service in the Army Reserve.
On 3 April 1978 he requested discharge from the Navy because his
religious beliefs did not allow him to serve in the military.
After review, the Bureau of Naval Personnel (BUPERS) directed
Gischarge because he was a conscientious objector. He was so
discharged on 25 October 1974. At that time, he was credited
with almost 14 years of active service.
da. On 17 April 1982 Petitioner reenlisted in the Navy
Reserve for 6 years as a petty officer first class (AZ1; paygrade
E-6). Since individuals previously discharged because they were
a conscientious objector are not normally allowed to reenlist,
BUPERS directed that he be processed for separation due to a
fraudulent enlistment. On 20 May 1984, an administrative
discharge board found that he had not intentionally concealed his
prior discharge by reason of conscientious objection and
concluded that he had not fraudulently enlisted in the Navy
Reserve. Consequently, he was retained in the Navy Reserve.
e. On 16 April 1988 Petitioner completed six continuous
qualifying years of service for Navy Reserve retirement. This
service when combined with his service in the Army Reserve and
the Regular Navy resulted in 20 years of qualifying service for
reserve retirement. He was honorably discharged on 16 Apert 1988
at the expiration of his enlistment.
f. Petitioner became 60 years old on 30 April 2005 and
requested his retired pay. After review, his request was
approved and he is now receiving his retired pay as a former
member.
g. 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 circumstances
resulted in discharge rather than transfer to the Retired
Reserve.
h. 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
had completed 20 years of qualifying service. Further, he is now
receiving his retired pay as a former member. Given the
circumstances, the Board concludes that Petitioner's record
should be corrected to show that he transferred to the Retired
Reserve in the grade of petty officer first class. Given the
requirements of the Uniform Retirement Date Act, the retirement
should be effective on 1 April 1988 vice the discharge of 16
April 1988 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 30 April 2005, 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 April 2005, in
the grade of petty officer first class, vice the discharge of
16 April 1988 now of record.
b. Petitioner's record should then be corrected to show that he
transferred to the Retired List on 30 April 2005, his 60th
birthday.
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
complete record of the Board's proceedings in the above entitled
matter.
Bren}. roy
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.
LoQ tan!
W. DEAN PFEI
Executive Dir
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