DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 9674-08
2 July 2009
From: Chairman, Board for Correction of Naval Records
. To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF Silla
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
retired Navy Reservist, filed an application with this Board
requesting that his record be corrected to show that he was
advanced to chief petty officer (BUC; pay grade E-7) prior to
retirement.
on
The Board, consisting of Mc . ee and Messrs.
| iii: and QM, ceviewed Petitioner's allegations of error
and injustice on 16 June 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
’ 11 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. Attached to enclosure (1) is an advisory opinion from
the Navy Personnel Command (NPC), which states that
. Petitioner's request to be retained in an active status beyond
age 60 was denied on 14 April 2009. He then submitted a
request to transfer to the Retired Reserve with pay at age 60.
This request was approved and he was retired effective on
3 May 2008, his 60th birthday, and he has received retired pay
and entitlements since then. The advisory opinion also states
that he was selected to chief petty officer as a result of the
FY-09 Navy Reserve E-7 Selection Board. However, he was not
selection board eligible and was only considered because the
proper screening did not take place. Because of these errors,
the advisory opinion recommends that his retirement on
3 May 2008 be cancelled and that he be returned to the Selected
Reserve so that can serve until he would have been promoted to
BUC on 16 October 2008. It is then recommended that he be
transferred to the Retired List effective 1 November 2008. His
retired pay will still be computed from 3 May 2008, his 60th
birthday.
e. The Board is aware that in order to receive retired
pay as a chief petty officer an individual must complete two
qualifying years in grade. He is now age 61 and it would have
been burdensome for him to serve in an active status until
16 October 2010 and be in a status that would allow sufficient
retirement points to be credited to have his retired pay
computed as a BUC.
CONCLUSION:
Upon review and consideration of all the evidence of record and
especially the recommendation contained in the advisory
opinion, the Board concludes that Petitioner's request warrants
favorable action. Therefore, his record should be corrected to
show that he was retained in the Selected Reserve beyond his
60th birthday and should be continued in that status until he
transferred to-the Retired List on 1 November 2008. Since he
will be in the selected reserve on 16 October 2008 he should
then be advanced to BUC on that date.
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 reasons for the change in his
retirement date and promotion to chief petty officer.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was not retired on 3 May 2008 but remained in the Selected
Reserve until he was advanced to chief petty officer on
16 October 2008 and then transferred to the Retired List on
1 November 2008.
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 ee oe
' 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.
Lo Stand
W. DEAN PFEI
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