DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NRO5041-14
27 October 2014
From: Chairman, Board for Correction of Naval Records
TOR Secretary of the Navy
Subj: ee AL RECORD 1C0 i. cay
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments .
(2) Navy Personnel Command (NPC) ltr 5420 Pers-912
undated
(3) Statement of Service for Navy Reserve Retirement
dated 29 Jun 2011
(4) Bureau of Naval Personnel ltr 1000 Pers 913 of 19 Jun
1992 .
(5) Letter from Petitioner to BCNR dated 8 Apr 2011
“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 that he qualified for a
non-regular Navy Reserve retirement after 20 years of service on 1
October 1993.
2.° The Board, consisting of Messrs ee ee 10
September 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, naval records, and applicable statutes,
regulations and policies.
3. The Board, having reviewed ail 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 March 2014, Petitioner submitted a request to BCNR to show
that he completed 20 years of qualifying service in the Navy Reserve
and to receive a non-regular Reserve retirement at age 60, enclosure
(1).
c. On 3 April 1968, Petitioner joined active duty Naval service
from 3 April 1968 to 2 January 1970, when he immediately transferred
to the Navy Reserve on 3 January 1970. Petitioner continually served
‘
Docket No.NRO5041-14
in the Navy Reserve until the expiration of his contract on 2 April
1974. ,
d. After a break in service, on 23 September 1975, Petitioner
re-affiliated with the Navy Reserves and served without a break until
21 September 1993, when he was honorably discharged. At that time, he
had 19 years, 8 months, and 29 days of qualifying service, enclosure
(3).
Note: Navy Reservists need 50 points to complete a satisfactory year
in either drilling time or correspondence courses.
€. Petitioner claims that he lost his billet in September 1993
due to High Year Tenure {HYT) and was advised to do three
correspondence courses to complete the year, enclosure (4). Although
Petitioner claims he completed the courses, they were still not enough
to complete 20 “qualifying” years for a Reserve retirement.
.£. Petitioner acknowledges that he failed to monitor the
Situation until he retired from his civilian job at age 62, when he
realized that he was not retired from the military. Additionally, ‘he
notes that he served his country faithfully and would appreciate
credit for the last three months in order to apply for retirement pay,
enclosure (5).
g. Enclosure (2) provided an unfavorable advisory opinion
stating that Petitioner failed to cbtain the required points to have a
satisfactory year to be eligible for retirement, and “Although
[Petitioner] clearly served his country and the United States Navy
with honor, he did not earn 20 years of qualifying service”.
Additionally, the advisory opinion added that he did not reenlist as a
drilling reservist or a member of the Individual Ready Reserve (IRR)
in order to meet. the requirement of 20 years of qualifying service. —
CONCLUSION:
Upon review and consideration of all the evidence of record, and
despite the unfavorable advisory opinion, the Board concludes that
Petitioner’s request warrants favorable action. The Board believes
that as an exception to policy, Petitioner should be entitled to a.
non-regular Reserve retirement due to serving his country honorably
for 19 years, 8 months and 29 days. Accordingly, the Board concludes
that the record should be corrected to show that Petitioner had a
Satisfactory year from 3 January 1970 through 2 January 1971, and was
eligible for a non-regular Navy Reserve Retirement without pay on 1
October 1993 with 20 years of Satisfactory service.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
vocket No.NRO5041-14
a. Move 35 points from “3 April 1968 to 2 January 1970" to
“3 January 1970 to 2 January 1971" for a good year, making ita
qualifying year.
b. Effective 1 October 1993, Petitioner had 20 qualifying years
of satisfactory service in the Navy Reserve and is eligible for a non-
regular Navy Reserve retirement with pay at age 60.
¢. Petitioner is entitled to any and all back pay and allowances
for his retirement pay from the date he turned age 60 forward.
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.
5. The foregoing report of the Board is“submitted for your review and
action.
~
ROBERT J. O'NEILL
Executive Director
Reviewed and Approved: f z/; / 7 Hp Y
semweasome (LA ele
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserv e Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
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