DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Docket No: 8278-08
19 November 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ra cin
Subj: REVIEW OF NAVAL RECORD OF 4
ee.
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
commissioned officer in the Navy Reserve, filed an application
with this Board requesting that his record be corrected to show
that he reverted to enlisted status and transferred to the Fleet
Reserve vice accepting a commission in the reserve component.
2. The Board, consisting of vr. Ws Mr. RMA 2nd Mr. hitb
s 0
reviewed Petitioner's allegation error and injustice on 13
November 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.
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. Petitioner's application was filed in a timely manner.
¢c. Petitioner was honorably discharged on 17 May 2003 for
the purpose of accepting a commission as a nurse. At that time,
he had advanced to petty officer first class (AG1; E-6) and had
completed 15 years, 9 months and 14 days of active service.
d. Petitioner then served in.an excellent manner as a Nurse
for over five years. Because of family issues he then requested
reversion to enlisted status and transfer to the Fleet Reserve.
However, he was honorably discharged on 30 June 2008 with over 20
years of active service. On 1 July 2008 he accepted a commission
as a reserve officer in the Nurse Corps.
e. Attached to enclosure (1) is an advisory opinion from
the Navy Personnel Command which states, in part, as follows:
...in the weeks before his retirement date in June
2008, he was evidentially [sic] misinformed regarding
his eligibility to be an active member of the Navy
Reserve. Records show that he was issued a Navy
Reserve appointment which he accepted on 18 May 2008 to
become effective on 1 July 2008.
...Per the provisions of reference (b) [10 USC 12731],
members who are entitled to regular retired or retainer
pay are no longer eligible for non-regular retired pay
on or after age 60. Their entitlements remain
permanently fixed to their previous computed retired
pay no matter of what level of reserve participation or
promotion is achieved. For this reason, participation
in the Navy Reserve program is not allowed.
...We strongly recommend that his petition be quickly
acted upon to allow back-payment of Fleet Reserve
retirement pay, and closure of his current situation.
Correcting the record to reflect transfer to the Fleet
Reserve will allow these things to happen, so that he
can get on with his life...
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. It is clear that if he had been properly advised that he
would not have accepted a commission in the Navy Reserve but
would have allowed his approved transfer to the Fleet Reserve to
have occurred. Therefore, the Board agrees with the
recommendation contained in the advisory opinion that his record
should be corrected to show that he was not commissioned in the
Navy Reserve but reverted to enlisted status and transferred to
the Fleet Reserve on 30 June 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 the reason for the change in his Navy
status.
RECOMMENDATION:
a. That Petitioner's Naval Record be corrected to show that he
was not commissioned in the Navy Reserve on 1 July 2008.
b. That Petitioner's record be further corrected to show that he
reverted to enlisted status and then transferred to the Fleet
Reserve on 30 June 2008.
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.
Sheen} Ahoaga
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.
W. DEAN PF
Executive Dire r
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