DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1794-08
14 November 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj}: REVIEW OF NAVAL RECORD OF 4
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
Navy Reservist, filed an application with this Board requesting
that his release from active duty be changed from 2 to 5
September 1994.
2. The Board, consisting of Mrs oe Mc .~Neand Ms.
reviewed Petitioner's allegations of error and injustice
on 15 October 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.
Cc. Petitioner enlisted in the Navy for 4 years on 6
September 1990 and was released from active duty on 2 September
1994, Therefore, he was credited with 3 years, 11 months and 27
days of active service. Regulations in effect at the time and in
effect now allow for early separation or discharge if the
_ enlistment expires on a weekend or a holiday. Therefore,
Petitioner has been treated no differently than thousands of
others.
d. Petitioner was serving in the Regular Navy and was
released from active duty and transferred to the Navy Reserve to
complete the remainder of his military obligation. Regulations
then in effect required that the beginning date of his reserve
anniversary year be established as the first day in the reserve
component. Since 3 September 1994, he has accumulated 13 years
of qualifying service in the reserve component and is serving as
a commissioned officer. Therefore, at the end of his anniversary
year on 2 September 2008 he has been credited with 3 years, 11
months and 27 days of service in the Navy and 13 years
in the Navy Reserve or 16 years, 11 months and 27 days.
e. Petitioner apparently believes that because of his early
release from active duty he will have to serve another full year
in the Navy Reserve to qualify for retirement. However, partial
qualifying years can be credited if a discharge or retirement
occurs during the anniversary year and sufficient points are
earned to make that partial year qualifying.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Although the Board was aware that Petitioner has been
treated no differently than thousands of others, the Board
believes that given his record of excellent service that an
exception should be made in this case. Accordingly, the Board
concludes that his record should be corrected to show that he was
released from active duty on 5 September 1994 vice the release
date of 2 September 1994 now of record.
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 reasons for the change in the
length of his service.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that he
was released from active duty on 5 September 1994 vice the
release date of 2 September 1994 now of record.
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.
Gowen \\ Rog
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.
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