DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 5742-09
18 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj ay OR NAVAL RECORD OF Walitii é
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 and to the Retired
List vice being discharged on 8 December 1992.
2. The Board, consisting of gO. eageneRPr ac Ms.
i, reviewed Petitioner's ‘allegations of error and injustice
on 17 dune 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
Lts merits.
c. Petitioner was notified on 12 March 1992 that his
transfer from the Selected Reserve was because he had reached the
high year tenure limit for individuals serving as a petty officer
Firet class (SH1; paygrade E-6). He requested transfer to the
Retired Reserve at that time. However, that request was denied
because Navy records showed that although he had over 20 years of
total service, he only had 15 years, 7 months and 23 days of
qualifying service for retirement. He was honorably discharged
at the expiration of his eniistment on 8 December 1992. He
became 60 years of age on 12 January 2007.
d. Petitioner has recently been able to. establish
additional qualifying years of service based on his service in
the Army Reserve. A current Navy statement of service now shows
that he has been credited with 21 years, 1 month and 16 days of
qualifying service for reserve retirement.
e. 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 it.
f. 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. Petitioner was in good standing in the Navy Reserve and
would have been retired if he had been credited with 20 years of
qualifying service at the time of his request in 1992.
Therefore, the Board concludes that Petitioner's record should
show that he transferred to the Retired Reserve in the rate of
SH1. Given the requirements of the Uniform Retirement Date Act,
the retirement should be effective on 1 December 1992. Since he
is now 60 years old, the record should be further corrected to
show that he transferred to the Retired List on 12 January 2007,
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 1992,
in the rate of SH1, vice the discharge of 8 December 1992 now of
record. His record should then be corrected to show that he
transferred to the Retired List on 12 January 2007, 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. Som Dog
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.
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