From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  USNR,  
 
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DoD 7000.14-R FMR Vol 7B, Ch. 54 
 
Encl:   (1) DD Form 149 w/attachments 
         2) NPC ltr 5730 Ser 91/267 of 26 Sep 19 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject Widow, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Subject transferred to the retired reserve. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 18 June 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 Subject’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 25 October 1975, Subject got married. 
 
     c.  On 29 August 1985, Subject enlisted for 8 years in the U.S. Navy Reserve. 
 
     d.  On 9 February 1992, Subject was issued duty in connection with active duty for training orders for a period of 12 days with a no later than date of 6 April 1992.  Furthermore, 13 points were recently added for the period of 29 August 1991 to 28 August 1992, which satisfied a qualifying year.   
 
     e.  On 12 February 2005, Subject reenlisted for 4 years. 
 
     f.  On 9 April 2006, Subject received 2 points for drills conducted.  
 
     g.  On 10 April 2006, Subject was erroneously discharged.  
 
     h.  On 28 August 2006, Subject completed 19 qualifying years of service. 
 
     i.  On 5 March 2008, Subject extended enlistment for 14 months with a new contract expiration date of 11 April 2010. 
 
     j.  On 7 April 2010, Subject extended enlistment for 24 months with a new contract expiration date of 11 April 2012. 
 
     k.  On , Subject turned age 60. 
 
     l.  On 29 January 2012, Subject was discharged. 
 
     m.  On 8 December 2016, Subject died. 
 
     n.  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.  The Board concluded that if those 13 points that Subject earned in April of 1992 had been credited in a timely manner, Subject would have completed 20 qualifying years of service, and a notification of eligibility would have been issued on 28 August 2006, and an RCSBP election could have taken place per reference (b).  The Board also concluded that on 10 April 2006, Subject was erroneously discharged, which added inconsistency to Subject’s record.   
 
RECOMMENDATION 
 
That Subject’s naval record be corrected, where appropriate, to show that: 
 
Subject executed a written request naming as the beneficiary under RCSBP spouse category, at the full base amount, Option C.  The request was received by cognizant authority and became effective 29 August 2006, the day following the date of the Notification of Eligibility (NOE) to receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan (RCSBP). 
 
Subject was transferred to the retired reserve, without pay, effective 1 October 2010.  Subject completed 20 Qualifying Years of Service. 
 
Subject submitted a request for retired pay at age 60 prior to  (60th birthday), and was approved by cognizant authority. 
 
A copy of this Report of Proceedings will be filed in Subject’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. 
 
9/1/2020


Deputy Director