DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 4596-10
8 April 2011
From: Chairman, Board for Correction of Naval Records
Tor Secretary of the Navy
Subj:
rW OF NAVAL RECOR
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC ltr 5420 PERS 913 of 9 Jan 2011
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject,
itioner, filed enclosure (1) with
that the applicable naval
as transferred to the
vice discharged from
hereinafter referred to as Pet
this Board requesting, in effect,
record be corrected to show that he w
Retired Reserve (Awaiting Pay at Age 60)
the United States Navy Reserve.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner’s allegations of error and injustice
on 21 March 2011 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.
1l the facts of record
3. The Board, having reviewed a
f error and injustice,
pertaining to Petitioner's allegations ©
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. On 31 October 1995, Petitioner was discharged from the
United States Navy Reserve.
Docket: 4596-10
at the time of his discharge, Petitioner had 24 years,
5 months and 7 days service in the regular and reserve component
combined. He was not eligible for non-regular retirement
because he did not complete his last six years in the reserve
Ci.
component.
d. In March 2010, Petitioner submitted an application with
this Board seeking to change his record to show that he was
transferred to the Retired Reserve (Awaiting Pay at Age 60) vice
being discharged.
e. In correspondence attached as enclosure (2), the office
the subject matter addressed in
having cognizance over
n has commented to the effect that the
Petitioner’s applicatio
request 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. The discharge of 31 October 1995 is null and void.
b. The six year enlistment beginning on 26 March 1984 and
the 3 month extension signed on 16 March 1990 were in the
reserve component vice the regular component. This change will
ensure Petitioner’s last six years were in the in the reserve
component.
c. On 1 November 1996, Petitioner was transferred to the
Retired Reserve (Awaiting Pay at Age 60) in pay grade E-7 with
24 years, 5 months and 7 days of qualifying non-regular service
as computed under 10 USC Chapter 1223.
d. A copy of this Report of Proceedings be filed in
Petitioner’s naval record.
Docket: 4596-10
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 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, III
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.
8 April 2011
W. DEAN PFRIF
Executive Director
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