DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5444-08
9 July 2008
From
To:
Subj
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1.
Petitioner, a
, filed an application
that his record be
2. The Board, consisting of Mr. nese Mr. Gigi and Mr.
iii xc eviewed Petitioner's allegations of error and
injustice on 24 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.
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
not filed ina timely manner,
waive the statute of limitatio
its merits.
that Petitioner's application was
it is in the interest of justice to
ns and consider the application on
(GySgt; paygrade
m active duty on 23 February
tsary year on 16 March 2004, he
was .credited with 20 years, 1 month and 22 days of qualifying
service for reserve retirement. His enlistment expired and he
was honorably discharged on 23 August 2004. He became 60 years
of age on 26 September 2007.
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:
corrected to show that he transferred to the Retired Reserve in
the grade of GySgt. Given the requirements of the Uniform
Retirement Date Act, the retirement should be effective on 1
August 2004. Since he is now 60 years old, the record should be
further corrected to show that he transferred to the Retired List
on 26 September 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 record be corrected to show that he
transferred to the Retired Reserve effective on 1 August 2004,
in the grade of GySgt vice the discharge of 13 August 2004 now of
record.
b. -Petitioner's record should then be corrected to show that he
transferred to the Retired List on 26 September 2007, 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.
Cuter’) rong
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.
Executive Dire
NAVY | BCNR | CY2008 | 08021-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 . TRG Docket No: 8021-08 6 May 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) Title 10 U.S.C. 1552 Encl: (1} Case Summary (2) Subject's naval record 1.
NAVY | BCNR | CY2007 | 10571-07
Pursuant to the provisions of reference (a), Petitioner, a former me~er of the Marine Corps 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 14 February 1987.2. Since he is now 60 years old, the record should be further corrected to show that he transferred to the Retired List on 25 February 2008, his 60th birthday.The Board further concludes...
NAVY | BCNR | CY2007 | 04790-07
Pursuant to the provisions of reference (a), Petitioner, an enlisted member who has received an honorary retirement, filed an application with this Board requesting that his record be corrected, in effect, to show that he transferred to the Retired Reserve under the provisions of 10 U.S.C. Apparently believing that he had 20 qualifying years, he requested transfer to the Retired Reserve effective on 1 July 1989. Since he is now 60 years of age, the record should be further corrected to...
NAVY | BCNR | CY2007 | 10778-07
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. 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...
NAVY | BCNR | CY2007 | 10511-07
Pursuant to the provisions of reference (a), Petitioner, a former commissioned warrant officer in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that the transferred to the Retired Reserve and to the Retired List vice being discharged on 31 July 1987.2. Petitioner became 60 years of age on 24 July 2007 and requested that his reserve retired pay be started. That Petitioner’s record be corrected to show that he...
NAVY | BCNR | CY2007 | 10422-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 10422-07 24 November 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF # Ref: (a) Title 10 U.S.C. 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...
NAVY | BCNR | CY2008 | 07254-08
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Marine Corps 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 2 August 1991. ie.» Aime 203 Mr. SQM eviewed Petitioner's allegations of error and injustice on 3 September 2008 and, pursuant to its regulations, determined that the corrective action indicated...
NAVY | BCNR | CY2001 | 01523-01
However, the Board has also been provided with a Reserve Retirement Master Control Card which shows that Petitioner has been credited with 19 years, 10 months and 21 days of service for reserve retirement. concludes that the record should be corrected to show that he has 20 years of qualifying service for reserve retirement. further concludes that the best way to accomplish this action is to transfer 35 retirement points from the excess over 50 in Therefore, the Board The...
NAVY | BCNR | CY2007 | 07777-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 7777-07 22 August 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj REVIEW OF NAVAL RECORD OF .
NAVY | BCNR | CY2008 | 00662-08
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. 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...