DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD    
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) BUPERSINT 1001.5F 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPPSC memo 5400 of 24 Jan 20 
        (3) NPC ltr 5730 PERS-91/250 of 29 Aug 19  
        (4) Subject’s naval record 
          
1.  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 reflect release from active duty and transfer to Navy Reserve vice discharge on 19 June 2018, transfer to Retired Reserve without-pay and adjustment to Pay Entry Base Date (PEBD). 
                                              
2.  The Board, consisting of ,   ,    and    reviewed Petitioner’s allegations of error and injustice on 15 September 2020 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 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  In accordance with reference (b), Navy Reserve members must complete 20 years of qualifying service to be eligible for non-regular service retired pay. 
 
     b.  On 25 February 1985, Petitioner entered active duty Navy. 
 
     c.  On 24 February 1990, Petitioner was released from active duty and transferred to the Navy Reserve. 
 
     d.  On 7 November 1998, Petitioner was discharged from the Navy Reserve. 
 
     e.  Petitioner affiliated with the Navy Reserve from 31 July 2006 through 18 May 2008. 
 
     f.  On 19 May 2008, Petitioner enlisted in the active duty Navy for a term of 4-years. 
 
     g.  On 20 April 2012, Petitioner reenlisted for a term of 6-years. 
 
     h.  On 10 April 2018, Petitioner extended enlistment for 2-months with a new contract expiration date of 19 June 2018. 
 
     i.  On 19 June 2018, Petitioner was discharged from active duty with 22-years of combined active and Reserve qualifying service for non-regular retirement. 
 
     j.  On 24 April 2020, Petitioner was issued Notification of Eligibility (NOE) to Receive Retired Pay at or After Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RC-SBP).  Statement of Service indicates Petitioner’s PEBD changed from 25 October 1992 to 15 November 1992. 
 
     k.  In correspondence attached as enclosures (2) and (3), 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.  Navy Personnel Command reviewed Petitioner’s record and adjusted the PEBD accordingly.  Petitioner met the eligibility criteria for a non-regular retirement at the time of discharge.  The Board found that had the Petitioner received clear counseling, he would have taken the proper steps to request transfer to the Retired Reserve without pay in accordance with reference (b).  Although proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 
  
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s extension commenced on 20 April 2018 for 3-months vice 2-months.  Note: Petitioner’s expiration of obligated service change to 19 July 2018.   
 
Petitioner’s DD Form 214, Certificate of Release or Discharge from Active Duty dated 19 June 2018, is amended to reflect:  Block 6 (Reserve Obligation Termination Date) “20180719” vice “NA”, and Block 23 (Type of Separation) “Released from Active Duty and Transferred to Navy Reserve” vice “Discharged”.   
 
Petitioner submitted request to transfer to Retired Reserve without pay to cognizant authority; it was approved with an effective date of 1 July 2018.  Note:  Petitioner advised to contact Navy Personnel Command (PERS-912) four months prior to 60th birthday to apply for Retirement with pay. 
 
A copy of this Report of Proceedings will 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. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.