DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2480
BAN
Docket: 05577-12
14 November 2012
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO ? ii ____ ay
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Navy Personnel Command (NPC) memo 5420 PERS-912 of
13 Jul 2012
1. Pursuant to the provisions of reference (a) 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 Awaiting Pay at age 60
vice being discharged.
2. The Board, consisting of Messrs. Ruskin, George and Exnicios
reviewed Petitioner's allegations of error and injustice on 5
November 2012 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. 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 merit and warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and
Docket No. 05577-12
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,
as follows:
a. Petitioner's discharge of 21 January 2003 is null and
void.
b. Move 35 of Petitioner’s correspondence course points,
credited to the anniversary year ending 29 April 1996, to the
anniversary year beginning 30 April 2002.
c. On 1 January 2003, Petitioner was transferred to the
Retired reserve List awaiting Pay at age 60 in pay-grade E-7.
He had 20 qualifying years of non-regular service for
retirement.
d. That 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 DAVI
Recorder ActL
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.
14 November 2012 /
vee DVL df. fctr
JONATHAN S. RUSKIN
Acting Executive Director
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