DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RE GRRES
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No: 1044-09
17 April 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
commissioned officer in the Navy Reserve, filed an application
with this Board requesting, in effect, that her record be
corrected so that she can be credited with retirement points
during the period from 31 May 1980 to 28 September 1981.
2. The Board, consisting of Mr. ae Mr. SiMibe and Mr.
| reviewed Petitioner's ‘allega ons of error and injustice
on 1 April 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. 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 resigned her commission and was honorably
discharged from the Regular Navy on 31 May 1980. At that time,
she had completed 10 years, 10 months and 10 days of active
service. On 25 April 1981 she affiliated with a reserve unit and
during the period from 2 May to 13 September 1981, she attended
drills, and from 14 September to 25 September 1981, she performed
active duty for training. Apparently «bout this time it was
discovered that she did not have a reserve commission. On 28
Septesuber 1981, she was commissioned as a nurse i: the Navy
Reserve.
d. Petitioner's statement of service for Navy Reserve
Retirement shows that from the date of her recommissioning on 28
September 1981 until the end of her anniversary year on 27
September 2008 she has been credited with 26 consecutive
qualifying years. This period, when added to her prior service
means that she has 37 years, 10 months and 11 days of qualifying
service. Her statement of service dated 18 March 2009 shows
6,501 retirement points. During her career, she was promoted to
Captain (CAPT; 0-6).
e. Since Petitioner is either retired or preparing to
retire, she is now requesting that her record be corrected to
allow her to receive credit for the retirement point credits she
earned during the period from 31 May 1980 to 28 September 1981.
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 she requested a reserve commission and
believed that she had status when she began to participate in the
Navy Reserve. Given the circumstances, the Board concludes that
the record should be corrected to show that she was commissioned
in the Navy Reserve at an earlier date. The Board is aware that
to grant her request to show that she had continuous service
would result in a change in the beginning and ending date of her
anniversary year and would require a possible recomputation of
about 26 years worth of retirement points. Given the passage of
time, this may not be possible. Therefore, the Board concludes
that the best way to correct the record is to show that she was
commissioned in the Navy Reserve on 28 September 1980 vice the
commission in that component of 28 September 1981 now of record.
Once she has status, she can be administratively credited with
any documented retirement points she earned during that period.
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 her
retirement point total and number of qualifying years.
RECOMMENDATION:
a. That Petitioner's record be corrected to show that she was
commissioned in the Navy Reserve on 28 September 1980 vice the
commission in that component of 28 September 1981 now of record.
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 CSaanen rong
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. ;
\WorS
W. DEAN PF
Executive DNwe'ctor
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