DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 10866-0939
19 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF Sqgemiil
Ref: (a) 10 U.S.C. 1552
Enel: (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)
with this Board requesting that his record be corrected to show
that he transferred to the Navy Retired Reserve and the Retired
list vice being discharged on 5 June 1987.
2. The Board, consisting of Mr’ ; Mc . Sian . and
Mr. ei reviewed Petitioner's allegations of error and
injustice on 16 March 2010 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 enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statue of
limitations and review the application on its merits.
c. Petitioner enlisted in the Navy and was honorably released
from active duty and transferred to the Navy Reserve where he
served until he was discharged on 8 June 1987.
d. With his application, Petitioner forwarded a copy of his
statement of service showing 20 years of qualifying service along
with his Notification of Eligibility (NOE) dated 28 September
1987 to receive retired pay at age 60. He became 60 years old on
21 August 2009.
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.
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 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
20 years of qualifying service. Therefore, the Board concludes
that his record should show that he transferred to the Navy
Retired Reserve.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he transferred to the Navy Retired Reserve effective 1 July 1987,
in the rate of AOl, vice being discharged on 5 June 1987, now of
record.
b. That he be place on the Navy Reserve Retired List
effective 21 August 2009.
c. That this Report of Proceedings be filed in his naval
record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c) 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 4 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.
Wass
W. DEAN P
Executive to
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