DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 13564-10
12) April 2021
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
Su} \c
EVIEW OF NAVAL RI
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) PERS undated ltr 530 PERS 912 received 27 Jan 2011
(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 transferred to the
Retired Reserve (Awaiting Pay at Age 60) vice discharged from
the United States Navy Reserve.
2. 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 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 24 June 1993, Petitioner was discharged from the
United States Navy.
Docket: 13564-10
c. At the time of his discharge, Petitioner had 24 years,
and 9 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
component.
d. In December 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
having cognizance over the subject matter addressed in
Petitioner's application has commented to the effect that the
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 24 June 1993 is null and void.
b. The enlistment and subsequent extension(s) beginning on
12 May 1988 and ending on 24 June 1993 was in the reserve
component vice the regular component. Additionally,
Petitioner’s reserve contracts were further extended until 30
June 1993. These changes will ensure Petitioner's last six
years of service were in the reserve component and also that the
last term of reserve service ended at the close of a calendar
month.
c. Petitioner was released from active duty (vice
discharged) on 24 June 1993, and he was returned to the reserve
component. He performed no drills and there no additional pay
due for the period 25 June 1993 to 30 June 1993.
ec. On il July 1993, Petitioner was transferred to the
Retired Reserve (Awaiting Pay at Age 60) in pay grade E-4 with
24 years, 15 days of qualifying non-regular service as computed
under 10 USC Chapter 1223.
Docket: 13564-10
d. A copy of this Report of Proceedings 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 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. Z2SALMAN 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.
12 April 2011
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W. DEAN PF FER
Executive Yr or
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