DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 8222-08
4 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW ” 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 and to the Retired
List vice being discharged on 5 February 1989.
2. The Board, consisting of Mr. ]]ams ee Mx ‘O80 Ms.
oe Wk reviewed Petitioner's allegations of error and
injustice on 27 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 6 February
1983 for six years. On 1 November 1987 he transferred to the
Individual Ready Reserve (IRR) and had no further participation
in the reserve program. At the end of his anniversary year on 12
March 1988 he was credited with 22 years of qualifying service
for reserve retirement purposes and was serving as a petty
officer first class (TM1; paygrade E-6). Subsequently, he was
issued a Notification of Eligibility for Retired Pay at Age 60.
He was honorably discharged on 5 February 1989 at the expiration
of his enlistment.
b. Petitioner was born on 2 November 1945 and became 60
years old on 2 November 2005. On 24 July 2008 he was authorized
reserve retired pay retroactive to his 60th birthday. However,
since he had been discharged he is considered to be a former
member and is not entitled to all benefits associated with
military retirement.
c. 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 was discharged
rather than transferred to the Retired Reserve.
d. 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 TM1. Given the
requirements of the Uniform Retirement Date Act, the retirement
should be effective on 1 February 1989. Since he is now 60 years
old, the record should be further corrected to show that he
transferred to the Retired List on 2 November 2005, 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's record be corrected to show that he
transferred to the Retired Reserve effective on 1 February 1989,
in the rate of TM1, vice the discharge of 5 February 1989 now of
record. His record should then be corrected to show that he
transferred to the Retired List on 5 February 1989, his 60th
birthday.
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 Rane og GEORGE
Recorder Acting Recenter
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.
W. DEAN DFE
Executive Dil
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...
NAVY | BCNR | CY2002 | 06500-02
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. 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 was credited with three years of reserve service not shown on his statement of service, that he transferred to the Retired Reserve vice being discharged on 9 August 1990, and transferred to the Retired...
NAVY | BCNR | CY2009 | 01204-09
Pursuant to the provisions of reference (a), Petitioner, a former member 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 6 July 1991. He was then yonorably discharged at the expiration of his enlistment on 6 July 1991. d. It is clear that since Petitioner did not earn any qualifying years after 6 December 1989 that he did...
NAVY | BCNR | CY2003 | 00758-03
Pursuant to the provisions of reference (a), Petitioner, a former commissioned officer in the Naval Reserve filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve, vice being discharged. He became 60 years old on 26 March 1989 and has been receiving his retired pay as a "former member" since then. d. At enclosure (1) is an advisory opinion from the Navy Personnel Command (Pers 911), recommending that...
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 | CY2009 | 00603-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 603-08 28 April 2009 From: Chairman, Board for Correction of Naval Records T6: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF @f a 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...
NAVY | BCNR | CY2001 | 07451-00
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record - Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Naval Reserve filed enclosure (1) with this Board requesting that he be transferred to the Retired Reserve vice being discharged on 14 July 1994. Hare, reviewed Petitioner's allegations of error and injustice on 13 February 2001 and, pursuant to its regulations, determined that the corrective action...
NAVY | BCNR | CY2007 | 06697-07
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Naval Reserve, filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve and to ¶he Retired List vice being discharged.2. The Board, consisting of Mr. ~ ~ MrJ~ and Ms. reviewed Petitioner’s allegations of error andinjustice on 8 January 2008 and, pursuant to its regulations, determined that the corrective action indicated below should...
NAVY | BCNR | CY1999 | 07154-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 07154-09 °30 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF g Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed enclosure (1) with this Board requesting that his record be corrected to. However, the Board is aware that the...
NAVY | BCNR | CY2009 | 07154-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 07154-09 °30 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF g Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed enclosure (1) with this Board requesting that his record be corrected to. However, the Board is aware that the...