DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 § COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
WJH
Docket: 10028-11
13 March 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
' NAVAL RECORD
Ref: fa) Title 10 U.S.C. 1582
Encl: (1) DD Form 149 w/attachments
(2) NPC ltr 5420 PERS-912 of 2 Nov 11
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 is eligible for non-regular
service retirement.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner’s allegations of error and injustice
on 5 March 2012 and, pursuant to its regulations, determined
that the corrective action indicated below ghould 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 29 August 2000, Petitioner was discharged from the
United States Navy Reserve.
c. At the time of his discharge, Petitioner had 19 years,
10 months and 13 days of service qualifying for a non-regular
retirement. He was not eligible for non-regular retirement
because he did not have 20 satisfactory years. Additionally,
Docket: 10028-11
Petitioner did not complete the required last eight years of
service in the reserve component.
d. In September 2011, Petitioner submitted an application
with this Board seeking to change his record to show that he
completed 20 years of qualifying service, and that he completed
his last eight years in the reserve component. He also seeks
transfer to the Retired Reserve (Awaiting Pay at Age 60).
e, In correspondence attached as enclosures (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. Specifically, enclosure (2)
recommends moving 6 points, currently credited to the
anniversary year ending 26 Jun 1989, to anniversary year ending
26 June 1990; 35 points, currently credited to the anniversary
year ending 26 June 1988, to anniversary year ending 26 June
1991; and 35 points, currently credited to the anniversary year
ending 26 June 1986, to anniversary year ending 26 June 1992 to
support Petitioner’s request for non-regular retirement.
f. Enclosure (2) also recommends that Petitioner be
transferred to the Retired Reserve awaiting pay effective 1 July
19.92...
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 29 August 2000 is null and void.
b. That six (6) points earned during anniversary year
ending 26 Jun 1989 will be moved to anniversary year ending 26
June 1990.
c. Thirty-five (35) points earned during anniversary year
ending 26 June 1988 will be moved to anniversary year ending 26
June 1991.
Docket: 10028-11
d. Thirty-five (35) points earned during anniversary year
ending 26 June 1986 will be moved to anniversary year ending 26
June 1992.
e. As a result of the above, Petitioner's record will show
that, in the anniversary year ending on 26 June 1990, Petitioner
attained a qualifying year.
f. That in anniversary year ending 26 June 1991,
Petitioner attained a qualifying year.
g. That in anniversary year ending 26 June 1992,
Petitioner attained a qualifying year.
h. On 1 July 1992, Petitioner was properly transferred to
the Retired Reserve (Awaiting Pay at Age 60) in pay grade E-9.
i. 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. 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.
6 March 2012
=e (EA To alleen
eeaa_W. DEAN PFEIFFER
Executive Director
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