DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
Lec
Docket No. 11459-10
24 Aug 11
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD @®>
Ref: {a} Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC ltr 5730 PERS-912 of 6 Dec 10
(3) Petitioner’s response to the Advisory Opinion
(4) 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 the Petitioner’s Retirement date is 31 March 2008 so that
he can be paid for drills he performed 2-3 February 2008 and
1-2 March 2008.
2. The Board, consisting of Messrs George, Pfeiffer, and 4salman,
reviewed Petitioner’s allegations of error and injustice on
11 July 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.
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. On 6 January 2008 the Petitioner submitted his application to
be transferred to the Retired Reserve List Without Pay (Awaiting Pay
at Age 60}.
c. He wanted to retire as soon as he possibly could and he.
requested that the application be expedited. The reason he wanted the
application rushed through the process and approved was because he was
unable to prepare a family care plan to adequately provide for
dependent parent care.
d. His retirement was approved effective 1 February 2008.
However, Petitioner did not receive any notice that the retirement was
approved.
Docket No. 11459-10
Therefore when he received his orders from his Reserve PSD he drilled
on 1 and 2 February 2008 and again on 1 and 2 March 2008.
e. He was initially paid for 1 and 2 February 2008 but the
money was later recouped from his tax return. He was not paid for
the drill for 1 and 2 March 2008. .
g. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner's
application has recommended the request be denied. Their rationale is
that per BUPERSINST 1001.39e, Chapter 20, Section 2015, no points can
be earned beyond the day immediately preceding the effective
retirement date.
CONCLUSION:
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure (2), the Board
concludes that petitioner’s request warrants favorable action, The
Board was satisfied that Petitioner was unaware that his retirement
request had been approved and was effective on 1 February 2008. The
Board noted that Petitioner did perform drills (work) for 1-2 February
2008 and 1-2 March 2008. The Board is of the opinion that, as a
general matter, persons who perform services for the United States
should be compensated for those services. Accordingly, the Board
concluded that relief. is warranted.
RECOMMENDATION:
That petitioner’s naval record be corrected, where appropriate, to
show that:
a, On “1 April 2008" vice “1 February 2008” Petitioner was
transferred to the Retired Reserve List (Awaiting Pay at Age 60).
b. Petitioner is authorized payment of drills performed
2 & 3 February 2008 and 1 and 2 March 2008.
c. A copy of this Report of Proceedings will be filed in
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 quorum was present at the
Docket No. 11459-10
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. The foregoing action of the Board is submitted for your review
and action.
W. DEAN PFE
Executive Di ir
Reviewed and Approved
(Act{ine— oh
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 40548
Washington, DC 20850-1000
NAVY | BCNR | CY2010 | 13564-10
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 transferred to the Retired Reserve (Awaiting Pay at Age 60) vice discharged from the United States Navy Reserve. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George reviewed Petitioner's allegations of error and injustice on 11 April 2011 and, pursuant to its...
NAVY | BCNR | CY2010 | 11075-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 LCC Docket No. 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 the Petitioner was transferred to the Retired Reserve (Awaiting Pay at Age 60) vice discharged from the United States Marine Corps Reserve. ystlcan f HE ROBERT D. ZSALMAN...
NAVY | BCNR | CY2014 | NR5041 14
In March 2014, Petitioner submitted a request to BCNR to show that he completed 20 years of qualifying service in the Navy Reserve and to receive a non-regular Reserve retirement at age 60, enclosure (1). Accordingly, the Board concludes that the record should be corrected to show that Petitioner had a Satisfactory year from 3 January 1970 through 2 January 1971, and was eligible for a non-regular Navy Reserve Retirement without pay on 1 October 1993 with 20 years of Satisfactory service. ...
NAVY | BCNR | CY2014 | NR4533 14
Therefore, as of 3 January 2005, you have been enrolled in an immediate RC-SBP annuity for your spouse and child{ren).” See ‘enclosure (7). They notified Petitioner that as of 3 January 2005, he had been enrolled in the RCSBP under the spouse and child category with immediate (Option C) coverage. b. Petitioner is responsible for future unpaid RCSBP costs (Petitioner will be eligible for retire pay on or about 20 April 2021) that would have been deducted if he enrolled at the time of his Marriage.
NAVY | BCNR | CY1998 | 04778-98
Pursuant to the provisions of reference (a), Petitioner, a retired officer in the United States Marine Corps Reserve filed enclosure (1) with this Board requesting that his record be corrected to establish entitlement to retired pay at age 60. On 10 August 1998 he was informed that he was not eligible for retired pay because he had only been credited with 17 years of qualifying service. The Board further concludes that this Report of Proceedings should be filed in Petitioner's naval record...
NAVY | BCNR | CY2013 | NR3100-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAL, Sulre 100% ARLINGTON, VA 22204-2480 DIC Docket No. The Board, consisting of Mr. Zsalman, Mr. Exnicios, and Mr. George, reviewed Petitioner's allegations of error and injustice on 13 August 2013 and, pursuant to its regulations, determined that the corrective action indicated below should pe taken on the available evidence of record. The Board, having reviewed all the facts of record pertaining...
NAVY | BCNR | CY2011 | 05865-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 Eee Docket No. 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 Petitioner was transferred to the Retired Reserve List without Pay vice being discharged. ROBERT D. ZSALMAN WILLIAM J. HESS, III Recorder Acting Recorder By Pursuant to the...
NAVY | BCNR | CY2011 | 04798-11
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 Petitioner has enough Reserve time to qualify for Retired Reserve (awaiting Pay at Age 60) vice being discharged from the United States Marine Corps Reserve. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman, reviewed Petitioner's allegations of error and injustice on 1...
NAVY | BCNR | CY2010 | 09760-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 Perris < eT) : LCC Docket No. 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 transferred to the Retired Reserve (Awaiting Pay at Age 60) vice discharged from the United States Marine Corps Reserve. CONCLUSION Upon review and...
NAVY | BCNR | CY2014 | NR5444 14
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 timely written request for conversion from child only to- spouse and child coverage. k. 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 no merit and...