DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 01552-09
16 July 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy :
-Subj:
REVIEW OF NAVAL RECORD OF 4
Lae!
Ref: fa) 10 U.S.C, 1552
Encl: {1) DD Form 149 with attachments
; (2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy Reserve, filed enclosure (1)
Ywith this Board requesting, in effect, that her record be
corrected to show that she transferred to the Retired Reserve
vice being discharged on 3 January 2008.
2. The Board, consisting of Mr. SR is. CRM, and Ms.
ene. ceviewed Petitioner's allegations of e¥ror and
injustice on 14 July 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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Navy and began a period of
active duty on 14 December 1984. On 20 August 1986, she was
honorably released and transferred to the inactive ready reserve
due to pregnancy. On 26 March 1999, Petitioner reenlisted in the
Navy and served honorably for over eight years until 2 January
2008, when she signed an enlisted evaluation, covering the period
from 16 January 2007 to 3 January 2008, not recommending her for
retention. Based on the information currently contained her
record it appears that Petitioner was discharged due to poor
performance as the result of an administrative discharge board.
d. With her application, Petitioner forwarded a copy of her
statement of service showing over 15 years of qualifying service
prior to her last period.
e. An advisory opinion from the Navy Personnel Command (NPC)
states, in part, the eligibility requirements for non-regular
retirement per 10 U.S. Code 12731 have historically included
earning 20 years of qualifying service and requiring that the
last six years of qualifying service be served in a reserve
component. Per a major change to the U.S. Code, members
completing 20 years of qualifying service after 25 April 2005,
are no longer required to earn the last six years in a reserve
component to qualify for non-regular retirement pay at age 60.
Petitioner completed 20 years of qualifying service after that
date and therefore achieved eligibility in early 2006 for non-
regular retirement per 10 U.S. Code 12731, even though she was a
regular Navy member at the time. The advisory opinion concludes
that to remedy this situation, that the last enlistment contract
the Petitioner served should be changed from Navy to Navy Reserve
with an expiration of obligation of 1 March 2008. Further, it
was recommended that her discharge be cancelled and that she be
transferred to the Retired Reserve effective 1 February 2008.
The change to her military records would allow Petitioner to
become eligible for reserve retired pay and benefits at age 60.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants full relief.
Petitioner was in good standing in the Navy Reserve and credited
with over 15 years of qualifying service prior to her last period
of active duty. Therefore, the Board concludes that Petitioner's
record should show that she transferred to the Retired Reserve in
the rate of I82.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
she transferred to the Retired Reserve effective. 1 March 2008, in
the rate of I82, vice the discharge of 3 January 2008 now of
record.
b. That this Report of Proceedings be filed in the
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 Regulation, 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.
Dyan
W. DEAN PFE
Executive Dine xr
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