DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RE GR
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No: 2010-09
8 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD OF EX-¥
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
former member of the Navy Reserve, filed an application with this
Board requesting, in effect, that her record be corrected to show
that she transferred to the Retired Reserve vice being discharged
on 26 April 1998.
2. The Board, consisting of Mr. & | Mr. QE. and Ms.
reviewed Petitioner's allegations of error and injustice
on 21 March 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 completed 20 years of qualifying service for
reserve retirement purposes at the end of her anniversary year on
5 May 1997. Her enlistment expired and she was honorably
discharged on 26 April 1998. At that time, she was serving as a
petty officer first class (PN1; paygrade E-6). About four months
later, she was issued a Notification of Eligibility for Retired
Pay at Age 60. She will not be age 60 until 29 dune 2015.
d. fhe Board did not request an advisory opinion in this
case. However, the Board is aware that the Navy Personnel
Command has routinely recommended corrective action when an
individual is qualified for reserve retirement and he/she was
discharged prior to requesting transfer to the Retired Reserve.
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. She was in good standing in the Navy Reserve and would
have been retired if she had requested it in sufficient time
prior to the expiration of his enlistment. Therefore, the Board
concludes that her record should be corrected to show that she
transferred to the Retired Reserve in the rate of PN1. Given the
requirements of the Uniform Retirement Date Act, the retirement
should be effective on 1 April 1998.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand her status in the Retired Reserve.
RECOMMENDATION :
a. That Petitioner's record be corrected to show that she
transferred to the Retired Reserve effective on 1 April 1998, in
the rate of PN1 vice the discharge of 26 April 1998 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.
Bowtonl\, Anagr
ROBERT D. ZSALMAN , BRIAN J. SEORGE
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.
SSaa Ae!
W. DEAN PFEIRF
Executive Dikec
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