DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

Docket No: 6642-06
	31	October	2006

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy
	
     Subj:	REVIEW OF NAVAL RECORD OF
	-~
Ref:	(a) Title’s 10 U.S.C. 1552

End:	(1) Case Summary
(2)	Subject’s naval record

1.	Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Naval Reserve, filed an application with this Board requesting corrections to his record to establish his eligibility for reserve retired pay at age 60.

2.	The Board, consisting of Mr and Mr  reviewed Petitioner’s allegation of error and injustice on 17 October 2006 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.	Although it appears that Petitioner’s application was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and consider the application on its merits.

c.	Petitioner reenlisted in the Navy Reserve for six years on 11 December 1988 as a petty officer third class (ABE3; E—4). On 9 December 1990 he extended his enlistment for two years which made the expiration of his enlistment 10 December 1996.

d.	On 8 January 1993 Petitioner transferred to the Individual Ready Reserve (IRR). There is an entry in h1s record which erroneously shows that he was honorably discharged on 12 December 1994. However, as indicated the two year extension means that he was under contract until 10 December 1996. 

The Navy Reserve Personnel Command has provided a statement of service which shows that Petitioner continued to serve after 12 December 1994. It shows that at the end of his anniversary year on 30 December 1994, he was credited with 18 years of qualifying service. The statement of service inexplicably shows that he was honorably discharged on 30 December 1995 with another qualifying year, which raised his total to 19 qualifying years.

e.	Petitioner contends in his application that since he extended his enlistment for two years, to expire on 10 December 1996, his record should show that he was not discharged until that date. He has submitted correspondence course completion letters which show that after 30 December 1995, he completed five courses totaling 42 retirement points. Those points, when combined with the 15 membership points, would raise the total in the last year to 57 and would give him his 20th qualifying year.

CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Since Petitioner extended his enlistment for 24 months, it is clear that his record should show that he was under contract until 10 December 1996. However, since his 20th anniversary year did not end until 30 December 1996, the 24 month extension would still leave him 20 days short of qualifying for reserve retirement. Therefore, the Board concludes that the best way to correct his record is to show that on 9 December 1990 he extended his enlistment for a period of 25 months vice the 24 month extension he actually executed on that date. This means that his enlistment will not expire until 10 January 1997.

Petitioner’s retirement point record should then be corrected to show that he was credited with the 42 retirement points documented in the correspondence course completion letters in the anniversary year ending on 30 December 1996. With these corrections, Petitioner will have 20 qualifying years for reserve retirement at the end of his anniversary year on 30 December
1996.

Since Petitioner will have 20 qualifying years, the record should be further corrected to show that he transferred to the Retired Reserve effective on 1 January 1997 with eligibility for retired pay at age 60.

The Board finally concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand his status in the Retired Reserve.

2
RECOMMENDATION
a. That Petitioner’s naval record be corrected to show that he extended his six year enlistment of 11 December 1988 for a period of 25 months.

b. That Petitioner’s naval record be further corrected to show that he was credited with a total of 42 correspondence course retirement points in the anniversary year ending on 30 December
1996.

c. That Petitioner’s naval record then be corrected to show that
he transferred to the Retired Reserve effective on 1 January 1997
with eligibility for retired pay at age 60.

d. That this Report of Proceedings be filed in Petitioner’s naval record.

4. It is certified that a 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	ALAN E. GOLDSMITH
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.

Sincerely,

						W. DEAN PFEIFFER
Executive Director