DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 6499-08
18 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
NAVAL RECORD OF ie
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 her record be corrected to show
that she has 20 years of qualifying service and transferred to
the Retired Reserve.
2. The Board, consisting of Mx ge: « seaman oc Mr epee
e
reviewed Petitioner's allegations o rror and injustice on 10
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 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 was honorably discharged from the Navy
Reserve on 10 September 2001. At that time, she was serving as a
petty officer first class (RM1; paygrade E-6). When she was
discharged, she was credited with about 17 years of qualifying
service for reserve retirement purposes. In her application to
the Board, she provided a copy of an Army DD Form 214 which
showed active service in that component from 29 December 1976 to
12 December 1980, a period of 3 years, 11 months and 14 days.
This DD Form 214 was sent to the Navy Personnel Command and her
statement of service has now been changed to show 21 years, 1
month and 2 days of qualifying service for reserve retirement.
Subsequently, she was issued a Notification of Eligibility for
Reserve Retired Pay at age 60. However, since she has been
discharged she is considered to be a former member. Petitioner
November 2018.
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 errors
occurred which prevented retirement.
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 she had been properly credited with
her Army service and had requested it in sufficient time prior to
the expiration of her enlistment. Therefore, the Board concludes
that Petitioner's record should show that he transferred to the
Retired Reserve in the rate of RM1. Given the requirements of
the Uniform Retirement Date Act, the retirement should be
effective on 1 September 2001 vice the discharge of 10 September
2001 now of record. She will need to request transfer to the
Retired List several months prior to reaching age 60.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand her status in the Retired Reserve.
RECOMMENDATION:
a. That Petitioner's record be corrected to show that she
transferred to the Retired Reserve effective on 1 September 2001,
in the rate of RM1, vice the discharge of 10 September 2001
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 \ 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.
Ps
Executive Dik
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