DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket No. 1072-10
23 August 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 911 of 19 April 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 Retired List (with pay) 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 9 August 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. Petitioner has served continuously in the United States
Navy or the United States Navy Reserve since 1989.
Docket: 1072-10
c. As of 31 December 2009, while a member of the United
States Navy Reserve, Petitioner had completed 20 years, 01 month
and 00 days of active duty service.
d. Title 10 US Code Section-6323 permits an officer who
has completed 20 or more years of active service, upon request,
to be retired.
e. Because Petitioner had completed 20 years, 01 month and
00 days of active duty, he was eligible for transfer to the
Retired List.
£. By enclosure (1), Petitioner has requested to be
released from the Navy Reserve and transferred to the Retired
List effective 1 January 2010.
g. 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, Petitioner requested to be
released from the Navy Reserve and transferred to the Retired
List under 10 USC Section 6323.
b. That Petitioner’s request was approved and he was
subsequently released from the Navy Reserve and transferred to
the Retired List effective 1 January 2010 in pay grade 0-4 with
20 years, 01 month and 00 days of active duty creditable for
retired pay purposes. Note: Petitioner received a Separation
Payment of $116,082.78 in 2007. Recoupment of the Separation
Pay payment will be in accordance with current law and policy.
Note: Petitioner elected a Lump Sum Career Status Bonus payment
($30,000) in 2004.
Docket: 1072-10
c¢. In order to implement the change described above, the
following administrative actions should be taken: (1) PERS 823
will issue an authorization to transfer Petitioner to the
Retired List and establish a retired pay account; (2) Copies of
the retirement authorization will be sent to the Defense Finance
and Accounting Service (DFAS), NOSC El Paso and PERS 9; (3) PERS
9 will provide DFAS with the Data for Payment of Retired
Personnel/Survivor Benefit Plan Election Form (DD Form 2656);
and PERS 3 will ensure the DEERS/Rapids database is updated to
show the transfer to the Retired List.
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. 2SALMAN 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.
23 August 2010 Rett DS fo
Foz W. DEAN PFEIFFER
Executive Director
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