DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 1189-11
12 April 2011
From: Chairman, Board for Correction of Naval Records
Tee Secretary of the Navy
Subj: }
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. L552
Encl: (1) DD Form 149 w/attachments
(2) NPC ltr 5730 PERS 912 of 1 Mar 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 qualified for transfer
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 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.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and Sn Wat ice ,
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 8 January 2011, Petitioner was discharged from the
United States Navy.
Docket: 1189-11
c. At the time of his discharge, Petitioner had 20 years,
9 months and 28 days of service in the regular and reserve
component combined. He was not eligible for non-regular
retirement because his last enlistment was in the regular
component.
d. In February 2011, Petitioner submitted an application
with this Board seeking to change his record to show that he was
qualified to transfer to the Retired Reserve (Awaiting Pay at
Age 60).
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. Petitioner’s enlistment of 9 January 2009 was in the
reserve component vice the regular component. The enlistment was
extended until 31 January 2011. This will ensure Petitioner’s
last enlistment was in the in the reserve component.
b. Petitioner was released vice discharged from active
duty on 8 January 2011 and transferred to continue his service
in the reserve component.
c. On 31 January 2011, Petitioner requested transfer to
the Retired Reserve (Awaiting Pay at Age 60). (NOTE: PERS 912
has advised that they will effect the transfer to the Retired
Reserve awaiting pay administratively without the need for
further action by this Board).
d. A copy of this Report of Proceedings be filed in
Petitioner’s naval record.
Docket: 1189-11
Ae. 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.
(dtlan #E-
ROBERT D. ZSALMAN WILLIAM J. HESS
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
Lue
W. DEAN PFE
Executive Di ¢
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