DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 2918-l8 
MAR 04 2019 

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO 

Ref:  (a) Title 10 U.S.C. § 1552 

Encl: (1) DD Form 149 w/attachments 
      (2) NPC memo 5730 Ser 911217 of 7 Sep 18 
      (3) Subject's naval record 

I. 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 be transferred to the Retired Reserves awaiting pay at age 60. 

2. The Board, consisting of       , reviewed Petitioner's allegations of error and injustice on 
16 October 2018 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, relevant portions of the Petitioner's naval record, 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 3 June 1997, Petitioner was issued a notification of eligibility (NOE) to receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan (RCSPB) letter.
 
    c. On 3 May 1998, Petitioner was discharged. 

    d. 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 especially in light of the 
contents of enclosure (2), the Board finds the existence of an injustice warranting the following 
corrective action. Petitioner met the eligibility and should have been afforded the opportunity to 
request retirement prior to discharge. 

RECOMMENDATION 

That Petitioner's naval record be corrected, where appropriate, to show that: 

Petitioner's discharge effective 3 May 1998 is rescinded. 

Petitioner submitted to be transferred to the Retired Reserves awaiting pay at age 60 effective 30 April 1998 and it was approved by cognizant authority. Note: Petitioner completed over 20 
years of qualifying of service. 

Petitioner submitted a request for retired pay at age 60 prior to         (60th birthday), 
and was approved by cognizant authority. 

Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner's 
records to determine if Petitioner is due any back pay and allowances. 

A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

4. It is certified that quorum was present at the Board's review and deliberations, and that the 
foregoing is a true and complete record ofthe Board's proceedings in the above entitled matter. 

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 ofFederal 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. 



Executive Director