DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 662-08
16 December 2008
From: Chairman, Board for Correction of Naval Records
LO% Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF ‘didi 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 5 December 1989.
2. The Board, consisting of Mr. WM Ms. S00muBEOmand Ms.
wy oceviewed Petitioner's allegations of error and injustice
on 9 December 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 reenlisted in the Navy Reserve for six years
on 6 February 1983 in the rate of petty officer first class (HT1;
E-6). At the end of his anniversary year on 27 February 1989 he
completed 20 years of qualifying service for reserve retirement.
Apparently, about this time he transferied to the Individual
Ready Reserve (IRR) and had no further participation in the Navy
Reserve. Although there are conflicting dates of discharge in
the record, it appears that since there is no extension ii the
record, he was honorably discharged on 5 February 1989, at the
expiration of his 6 February 1983 enlistment. He became 60 years
of age on 24 May 2004 and is receiving his retired pay as a
former member.
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 the individual
did not realize that transfer to the Retired Reserve must be
requested prior to discharge.
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 HT1.
Given the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 February 1989 vice the
discharge of 5 February 1989 or any other date in 1989 now of
record. Since he is 60 years old, the record should be further
corrected to show that he transferred to the Retired List on 24
May 2004, 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 naval record be corrected to show that he
transferred to the Retired Reserve effective on 1 February 1989,
in the grade of HT1 vice the discharge of 5 February 1989 or any
other date now of record. His record should then be corrected to
show that he transferred to the Retired List on 24 May 2004, 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.
ROBERT D. ZSALMAN BRIAN Gem |: Aeogh 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.
a
DEAN P
Buceutcive
tor
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