DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
O-5100 REC
Docket No: 02258-10
28 May 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF <<...
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3) PERS-912 memo dtd 19 Apr 10
(4) Subject’s naval record
‘1. Pursuant to the provisions of reference (a), Petitioner, a
retired enlisted member of the Navy Reserve, filed enclosure (1)
with this Board requesting, in effect, that his record be
corrected to show that he continued serving on active duty which
would credit him with 61 days. He also requested that he be paid
for 12 drill periods after 1 January 2009, which would change his
retirement date from 1 January 2009 to 1 June 2009.
2 the Board, consisting of Ms ..qighpIAMMilie: M.S
Mceviewed Petitioner's allegations of error and injustice
on 26 May 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, and enclosures (1)
through {4}.
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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Navy and began a period of
honorable service on 20 November 1986. He accumulated over 22
qualifying years, serving both on active duty and in the reserve
component. He submitted a request to be transferred to the
Retired Reserve List effective his 60° birthday which was 26 May
2009. On 28 July 2009, his request was approved; however, he was
officially placed on the retired list on 1 January 2009.
However, after 1 January 2009, he was still participating until
3 May 2009. Per enclosure (3), which states that there was a
recent change to 10 U.S.C. which authorizes members to receive
retired pay prior to their 60 birthday, he received such pay
while still participating, but did not receive the credit for the-
time served,
d. With his application, Petitioner forwarded a copy of his
statement of service showing over 20 years of qualifying service.
e. Naval regulations state in part, the eligibility
requirements for non-regular retirement, per title 10, U.S.Cc.,
section 12731, have historically included earning 20 years of
qualifying service and requiring that the last six years be
served in a reserve component. The change to his military
records will allow Petitioner to gain credit for the following
time served: 85 days active duty, and 12 drilis performed 14-15
March, 4-5 April, and 2-3 May 2009. In addition, the change will
reflect his retirement date to 1 June 2009 vice 1 January 2009.
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 SKCS on 1 June
2009 with credit of the additional 85 active duty days and 12
drill periods. He is fully aware that there will be a required
recoupment involved with his retired pay and is willing to accept
this recoupment of payment for 61 days of active duty performed
after 1 January 2009.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he transferred to the Retired Reserve effective 1 June 2009, in
the rate of SKCS, vice 1 January 2009.
b. 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.
Cu Dare ON
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.
Fe Ww. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2003 | 00758-03
Pursuant to the provisions of reference (a), Petitioner, a former commissioned officer in the Naval Reserve filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve, vice being discharged. He became 60 years old on 26 March 1989 and has been receiving his retired pay as a "former member" since then. d. At enclosure (1) is an advisory opinion from the Navy Personnel Command (Pers 911), recommending that...
NAVY | BCNR | CY2006 | 03038-06
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Navy Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he completed 20 qualifying years for retirement and then transferred to the Retired Reserve vice being discharged.2. At the end of his anniversary year on 4 October 1982 he was only credited with 26 of the 50 retirement points necessary for another qualifying year. Petitioner points out...
NAVY | BCNR | CY2002 | 06500-02
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member in the Marine Corps Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he was credited with three years of reserve service not shown on his statement of service, that he transferred to the Retired Reserve vice being discharged on 9 August 1990, and transferred to the Retired...
NAVY | BCNR | CY2006 | 06425-06
Pursuant o the provisions of reference (a), Petitioner, a retired enlisted member of the Navy Reserve, filed an application with this Boa d requesting that additional retirement points be credited. The total number of nonpay drills to be credited is 61.The Board further concludes that this Report of Proceedings should be file in Petitioner’s naval record so that all future. That Petitioner’s naval record be corrected to show that he was credited wth 20 nonpay retirement points in the...
NAVY | BCNR | CY2001 | 03181-01
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Marine Corps Reserve filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 8 January 1984. However, the Board is aware that Headquarters Marine Corps has routinely recommended corrective action in similar cases when an individual is qualified for reserve retirement and there is no explanation...
CG | BCMR | Other Cases | 2007-014
On October 3, 2006, the PSC issued the applicant’s retirement orders, which state that he was “hereby transferred to the United States Coast Guard Retired Reserve with pay as a MST1 effective FEBRUARY 28, 2006.” In addition, the PSC notified the applicant in a letter retroac- tively dated February 27, 2006, that he had completed 20 years of satisfactory service and was “eligible to receive retired pay when [he] reach[ed] age 60 on February 28, 2006.” A database print-out dated December 14,...
NAVY | BCNR | CY2008 | 09447-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 9447-08 26 November 2008 From: Chairman, Board for Correction of Naval Records TGs Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OP =a Ref: (a) Title 10 U.S.C. 1552 Encl: (1) Case Summary (2) Subject's naval record 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed an application with this Board requesting, in...
NAVY | BCNR | CY2007 | 04608-07
Pursuant to the provisions of reference (a), Petitioner, a former commissioned officer in the Navy Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he has 20 years of qualifying service and transferred to the Retired Reserve and to the Retired List vice being discharged. c. Petitioner applied to this Board contending that there were errors in his retirement point record and if they were corrected that he would have 20 qualifying...
NAVY | BCNR | CY2009 | 00065-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 65-09 29 January 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF $i Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy Reserve, filed an application with this Board requesting, in effect, that his record be corrected to show that he transferred to the...
NAVY | BCNR | CY2009 | 02152-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 2152-09 31 March 2009 From: Chairman, Board for Correction of Naval Records Secretary of the Navy a Subj: REVIEW OF NAVAL RECORD OF Ref: (a) Title 10 U.S.C. 1552 Encl: (1) Case Summary (2) Subject's naval record 1. Pursuant to the provisions of reference (a), Petitioner, a retired member of the Navy, filed an application with this Board requesting, in effect, that his record be...