DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
WJH
Docket No. 11293-09
4 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo 5420 PERS 913 of 13 Jan 2010
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show that he was voluntarily transferred
to the Fleet Reserve after completing more than 20 years of
active service.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr.
George, reviewed Petitioner’s allegations of error and injustice
on 1 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. The
Board also considered the advisory opinion attached as enclosure
(2) which favorably supported Petitioner’s request.
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. Title 10 US Code Section 6330 permits an enlisted
member of the Naval Reserve who has completed 20 or more years
Docket No. 12293-09
of active service in the armed forces to be transferred to the
Fleet Reserve upon request by the member.
c. Petitioner had completed 20 years, 8 months and 12 days
of active duty as of 21 October 2009. A statement of service is
included in enclosure (1).
d. By enclosure (1), Petitioner has requested to be
released from the Naval Reserve/transferred to the Fleet Reserve
effective 31 December 2009/1 January 2010.
e. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in
Petitioner’s application has commented to the effect that the
request has merit and warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that:
a. On 31 December 2009, he requested to be released from
the Naval Reserve/transferred to the Fleet Reserve under 10 USC
Section 6330 effective 31 December 2009/1 January 2010.
b. That Petitioner’s request was approved and he was
subsequently released from the Naval Reserve/transferred to the
Fleet Reserve effective 31 December 2009/1 January 2010 with 20
years, 8 months and 12 days of active service creditable for
retainer pay purposes. Note: Petitioner voluntarily accepted a
Special Separation Benefit (SSB) payment of $53,404.56 in 1993.
Recoupment of the SSB payment will be in accordance with current
law and policy.
c. In order to implement the change described above, the
following administrative actions should be taken: (1) PERS-9
will forward DD214 Worksheet to PERS 312. PERS-312 will prepare
and issue a DD214 (Release from Active Duty/Certificate of
Discharge); (2) PERS 823 will issue an authorization to transfer
Petitioner to the Fleet Reserve and establish a retired pay
Docket No. 11293-09
account. Copies of the Fleet Reserve authorization will be sent
to the Defense Finance and Accounting Service (DFAS), NOSC
Buffalo and PERS 9; and (3) Once the above actions have been
completed, PERS 9 will provide DFAS with the Data for Payment of
Retired Personnel/ Survivor Benefit Plan Election Form: (DD Form
2656).
d.. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. It is certified that 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 WILLIAM J. HESS, IIT
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.
4 March 2010
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