DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE RD SUITE 4001
ARLINGTON VA 22204-2480
BAN
Docket No:NRO1948-14
15 May 2014
From
TO:
Suby
Ref: (a) Title 10 U.s.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Navy Personnel Command (NPC) memo 5420 Ser 91/047 of
15 Apr 2014
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (i) with this Board requesting, in effect, that the
applicable naval record be corrected to show that Petitioner had
20 qualifying years vice 19 years, 11 months, 29 days for a non-
regular Reserve retirement.
>. ‘The Board, consisting of Messrs. Zsalman, Ruskin and George
reviewed Petitioner’s allegations of error and injustice on 12
May 2014 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, navel 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:NRO01948-14
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, PERS-91 is directed to move two drill points currently
credited to the anniversary year ending 21 March 2002 to the
anniversary year ending 2 March 2003. That service segment 22
March 2002 through 30 April. 2002 would be pro-rated that will
entitle Petitioner to have earned the minimum points required to .
be credited with i month, 9 days of qualifying service.
b. Petitioner would therefore have just over 20 years of
qualifying service for Reserve retire pay at age 60.
c. - Petitioner was transferred the non-regular Retired
Reserve List with 20 years of qualifying service, without pay on
1 May 2002, and is eligible to retired receive pay at or after
age 60.
NOTE: Petitioner needs to be issued a Notification of
Eligibility for Reserve Retired Pay.
da. 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.
TH I. “MONTGOMERY
ROBERT D. ZSALMAN hye B
Recorder
Recorder Act
5s 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
2
Docket No:NRO1948-14
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Boarda on
behalf of the Secretary of the Navy.
15 May 2014
ROBERT D. ZSALMAN
Acting Executive Director
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