DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 6085-08
1 May 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF %%&
—pe
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, filed an application with this Board
requesting, in effect, that his record be corrected to show that
he qualified for reserve retirement and transferred to the
Retired Reservé vice being discharged on 21 March 2008.
2. The Board, consisting of Mr. eee: ed Ms.
reviewed Petitioner's allegations of error and
injustice on 24 February 2009 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 ail
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner's application was filed in a timely manner.
c. Petitioner enlisted in the Regular Navy on 8 September
1999 and served on active duty until he was honorably discharged
on 7 September 2003. On 8 September 2003 he enlisted in the Navy
Reserve and was honorably discharged on 21 March 2004 for the
purpose of enlisting in the Regular Navy. On discharge he had
accumulated about 18 years of qualifying service in the Army,
Navy and Navy Reserve, about 14 years of which was active duty in
the Army and the Navy.
d. Petitioner reenlisted in the Regylar Navy on 22 March
2004 for four years. ile was honorably discharged on 21 March
2008.
e. Because his career pattern is complicated with service
in the Army, Navy and Navy Reserve, the Navy believed at the time
of his discharge on 21 March 2008 that he only had about 18 years
of qualifying service for reserve retirement. His statement of
service has now been corrected and shows 22 years of qualifying
service and he is eligible for reserve retirement based on the
number of qualifying years. The requirement that the last six
years be served in the reserve component in order to be eligibie
for reserve retirement has been eliminated for individuals who
qualified for reserve retirement after 25 April 2005. The Navy
Personnel Command (NPC) has stated that he is not eligible for
reserve retirement because he does not meet this requirement. He
was born 20 June 1961 and will not be age 60 and eligible for
retired pay until 20 June 2021.
f. The Board did not request an advisory opinion in this
case. However, the Board is aware that the NPC has routinely
recommended corrective action in similar cases when an individual
has 20 years of qualifying service but did not meet the
requirement that the last period of service must be in the
reserve component.
g. 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 is eligible for reserve retired pay at age 60
except for the requirement that his last six years of qualifying
service must have been in the reserve component. It is clear
that because of the confusion as to his number of qualifying
years there was no opportunity to counsel him on the reserve
service requirement for retirement. Since he was clearly not
aware of the requirement that his last service must have been in
the reserve component, the Board concludes that his record should
be corrected to establish his eligibility for reserve retirement.
In order to reach a total of six qualifying years in the reserve
component it is required that his last two enlistments in the
Regular Navy be changed to reserve enlistments. This can be
accomplished by correcting the record to show that he enlisted in
the Navy Reserve on 8 September 1999 for four years vice his
enlistment in the Regular Navy on that date now of record and he
served on active duty until he was honorably discharged on 7
September 2002. The record should then be corrected to show that
he reenlisted in the Navy Reserve on 22 March 2004 for four years
vice the reenlistment in the Regular Navy on that date now of
record.
Since the Uniform Retirement Date Act requires retirement on the
first of the month, the record should be further corrected to
show that he extended his reserve enlistment of 22 March 2004 for
a period of one month, The record will then show that he served
on active duty as a reservist until he was released from active
duty on 21 March 2008 with obligated service until 21 April 2008.
The record should then be corrected to show that he transferred
to the Retired Reserve with eligibility for retired pay at age 60
effective on 1 April 2008.
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
enlisted in the Navy Reserve on 8 September 1999 and 22 March
2004 for four years vice the enlistments in the Regular Navy on
those dates now of record.
b. The record should then be corrected to show that he was
released from active duty on 21 March 2008 and that a one month
extension became effective on 22 March 2008.
c. That Petitioner's record be further corrected to show that he
transferred to the Retired Reserve effective on 1 April 2008 with
eligibility for retired pay at age 60.
d. That this Report of Proceedings be filed in Petitioner's
naval record.
4. Tt 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.
aOR ‘
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 Dir
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