DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01255-10
1 April 2010
From: Chairman, Board for Correction cf Naval Records
To: Secretary of the Navy
EVIEW OF NAVAL RECORD OF itid/iiiiiiie
a ees i. Eas
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case Summary
{3) Subject's naval record
i. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy Reserve, filed enclosure (1)
with this Board requesting, in effect, that his record be
corrected to show that he transferred to the Retired Reserve and
the retired list vice being discharged on 31 May 1997.
ais, Mo . RGRREP Mr.
“aeeereviewed Petitioner's allegations of error and
injustice on 24 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.
wee Board, consisting of Mr. @ iii
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
Eollows:
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 Reserve and began a
period of service on 26 August 1970. On 31 May 1997, he was
honorably discharged.
d. With his application, Petitioner forwarded a copy of his
statement of service showing over 21 years of qualifying service.
é. Naval regulations state in part, the eligibility
requirements for non-regular retirement, per title 10, U.S. Code,
section 12731, have historically included earning 20 years of
qualifying service and requiring that the last six years of
qualifying service be served in a reserve component.
£f. Petitioner was discharged on 31 May 1997, in pay grade E-
6, AW1, instead of being transferred to the Retired Reserve. The
change to his military records would allow Petitioner for reserve
retired pay and benefits at age 60, which occurred on 15 January
2010.
g. The Uniform Retirement Date Act, 5 United States Code
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 full relief.
Petitioner was in good standing in the Navy Reserve and credited
with over 20 years of qualifying service. Therefore, the Board
concludes that Petitioner’s record should show that he
transferred to the Retired Reserve in the rate of AW1, and that
he be placed on the Retired List on 15 January 2010, his 60°
birthday.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he transferred to the Retired Reserve effective 1 June 1997, in
the rate of AW1, vice the discharge on 31 May 1997.
b. That Petitioner's record be further corrected to show
that he be transferred to the Retired List on 15 January 2016,
his 60° birthday.
c. That this Report of Proceedings be filed in the
Petitioner’s 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 ( 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.
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