DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06687-09
27 October 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD OF
Enel: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject 's naval record
1. Purguant to the provisions of reference (a), Petitioner, a
former enlisted member. of the Navy Reserve, filed enclosure (1)
with this Board requesting that his record be corrected to show
that he transferred to the Retired Reserve vice being discharged
on 19 March 1996.
vr. MOR and Mr. ii:
ee orror and injustice on |
27 October 2009 and, pursuant to its vegulations, determined that
the corrective action ‘ndicated 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 yeviewed 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 enclosure (1) was not filed in a timely manner,
st is in the interest of justice to waive the statue of
limitations and review the application on its merits.
ac. Petitioner enlisted in the Navy and began a period of
active duty on 11 September 1971. On 8 December 1976, he was
honorably released from active duty and transferred to the Navy
Reserve where he served until he was discharged on 19 March 1996.
dad. With his application, Petitioner forwarded a copy of his
statement of service showing over 24 years of qualifying service
along with his Notification of Eligibility (NOE) dated 6 August
1992 to receive retired pay at age 60.
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 was discharged
prior to requesting transfer to the Retired Reserve.
£. 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 following the date of separation.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
‘Board concludes that Petitioner's request warrants relief. He
was in good standing in the Navy Reserve and was credited with
over 24 years of qualifying service.’ Therefore, the Board
concludes that his record should show that he transferred to the
Retired Reserve.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he transferred to the Retired Reserve effective 1 April.1996, in
the rate of BU1, vice being discharged on 19 March 1996.
b. That this Report of Proceedings be filed in his 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.
Lo Dawe,
W. DEAN PF
Executive Dilte x
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