DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4892-08
18 June 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
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 vice being discharged
2. The Board, consisting of Mr. <{gweee: or. mene, and Mr.
MMMEMe ceviewed Petitioner's allegations of error and
injustice on 10 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 reenlisted in the Navy Reserve on 8 November
1992 for 6 years as a petty officer first class (AMS1; paygrade
E-6). On 13 May 1997 he was issued a Notification of Eligibility
for Retired Pay at Age 60. Several months later on 1 November
1997 he transferred to the Individual Ready Reserve (IRR). It
appears that the record should show that he was honorably
discharged on 7 November 1998 at the expiration of his
enlistment. Inexplicably, there is discharge documentation in
the record showing that he was discharged on 2 December 1998.
ad. 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 he was discharged and not retired.
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 grade of AMS1.
Given the requirements of the Uniform Retirement Date Act, the
retirement should be effective on 1 November 1998.
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 record be corrected to show that he
transferred to the Retired Reserve effective on 1 November 1998,
in the rate of AMS1, vice the discharge of 7 November 1998
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.
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.
lo
W. DEAN PF
Executive Di
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