DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 65-09
29 January 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF $i
Ref: (a) Title 10 U.S.C. 1552
Enel: (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 1 December 2005.
2. The Board, consisting of Mr. eee, Mr. eG anc Mr.
; , reviewed 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 was issued a Notification of Eligibility for
Retired Pay at Age 60 on 9 June 1999. At the end of his
anniversary year on 18 March 2004 he was credited with 25 years
of qualifying service for reserve retirement purposes. About
this time, he transferred to the Individual Ready Reserve and had
no further participation in the Navy Reserve. At the time of his
transfer he was serving as a petty officer first class (BM1;
paygrade E-6). He was honorably discharged on 1 December 2005 at
the expiration of his enlistment as extended.
d. The Board did not request an advisory opinion in this
case. However, the Board is aware that the Navy Personnel
Command hag 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. 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 BM1. Given the
requirements of the Uniform Retirement Date Act, the retirement
should be effective on 1 December 2005 vice the discharge of that
date now of record.
Petitioner will not be 60 years old until 31 March 2009.
However, Since that date is only about two months from the date
of this action, the Board concludes that no useful purpose is
served by requiring him to request transfer to the Retired
Reserve after his record is corrected and transfer to the Retired
List should be included in this action. Therefore, his record
should be further corrected to show that he transferred to the
Retired List on 31 March 2009, 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 December 2005,
in the rate of BM1, vice the discharge of that date now of
record. His record should then be corrected to show that he
transferred to the Retired List on 31 March 2009, 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 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.
WwW. EAN PF
Executive Di
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