DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 7877-08
3 February 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. 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
on 6 August 2006.
2. The Board, consisting of Mr. 3igQQg vr. WARRNIEMMe and mr.
me ceviewed Petitioner's allegations of error and injustice
on 22 January 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 reenlisted in the Navy Reserve on 5 August
2000 for four years. On 24 January 2003 he was issued a ;
Notification of Eligibility for Retired Pay at Age 60. His four
year enlistment ended on 4 August 2004 and there are no further
reenlistments or extensions filed in his record. However, his
retirement point record shows that at the end of his anniversary
years on 18 October 2004 and 2005 he was credited with retirement
points. The retirement point record shows that he was discharged
on 6 August 2006. At that time, he was serving as a petty
officer second class (GM2; paygrade E-5). He was born on 21
September 1960 and will not be eligible for retired pay until 21
September 2020, his 60th birthday.
dad. 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 in cases such
as this when an individual is qualified for reserve retirement
and was discharged without being transferred to the Retired
Reserve.
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. He 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 his record should be corrected to show that he
transferred to the Retired Reserve in the rate of TM2. Given the
requirements of the Uniform Retirement Date Act, and the absence
of any contract to authorize service after 4 August 2004, the
record should be corrected if needed to ensure that he is
credited with all of his earned retirement points. Therefore, ,
the record should be corrected if needed to show that he extended
his four year reenlistment of 5 August 2000 for an additional
period of two years. The record should then be corrected to show
that he transferred to the Retired Reserve effective on 1 August
2006.
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 record be corrected if needed to show that
he had obligated service for at least two years past 1 August
2004.
b. That his record be further corrected to show that he
transferred to the Retired Reserve effective on 1 August 2006, in
the rate of GM2, vice the discharge of 6 August 2006 or any other
date now of record. ©
ec. 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 A 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.
OH r
W. DEAN PFE
Executive Dir
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