DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TRG
Docket No: 2525-039
18 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF <3
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 24 April 2004.
2. The Board, consisting of Mré—Rigepge, Mr. Sj and Ms.
deme -ey i ewed Petitioner's allegations of error and injustice
on 17 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 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 served on active duty in the Regular Navy
from 5 July 1978 until his early release on 1 July 1983, a period
of 4 years, 11 months and 23 days. In accordance with
regulations then in effect his reserve anniversary wads then
established to begin on 2 July 1983. During the next 16 years,
Petitioner earned 15 qualifying years. Therefore, at the end of
| his anniversary year on 1 July 1999 he was credited with 19
years, 11 months and 23 days cf qualifying service for reserve
retirement purposes.
d. Petitioner's performance evaluation for the period
BS
ending 26 June 1999 is adverse. The evaluation comments state
that he had not completed required documentation to maintain his
security. clearance and that he was not maintaining satisfactory
Grill performance. Therefore, he was being transferred to the
Standby Reserve and was not recommended for reaffiliation, He
earned no further qualifying years and was honorably discharged
on 24 April 2004. He was born on 3 September 1956 and will not
be eligible for retired pay until 3 September 2016.
e. The Board was informed that the regulations have changed
and an anniversary date remains the same as long as there is no
break in service. If this had been in effect at the time of
Petitioner's service he would have had 20 years of qualifying
service.
£. The 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 errors
occurred which prevented retirement.
g. 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. The Board believes that Petitioner must have thought
that he had 20 years of qualifying service when he quit drilling
in 1999. Since he would have 20 years of qualifying under
current regulations, the Board concludes that his record should
be corrected. to show that he is qualified for reserve retirement.
This can be accomplished by transferring 14 retirement points
from the anniversary year ending on 1 July 1989 into the
anniversary year ending on 1 July 1988.
Since Petitioner now has over 20 years of qualifying service the
record should then be further corrected to show that he
transferred to the Retired Reserve. Given the requirements of
the Uniform Retirement Date Act, the retirement should be.
effective on 1 April 2004, vice the discharge of 24 April 2004
now of record.
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 naval record be corrected by transferring
14 retirement points from the anniversary year ending on 1 July
1989 into the anniversary year ending on 1 July 1988.
b. That Petitioner's record be further corrected to show that he
transferred to the Retired Reserve effective on 1 April 2004,
vice the discharge of 24 April 2004 now of record.
c. 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 Bas} rors
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.
Executive Dil
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