DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9509-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) COMNAVPERS (PERS-91) ltr of 24 Jan 19 (3) Subject’s naval record (4) Deputy Assistant Commander for Reserve Personnel Management Department (PERS-9) ltr of 11 Apr 19 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 her Statement of Service for Navy Reserve Retirement, seeking to move Reserve Points in order to have 20 satisfactory years for transfer to Retired Reserve awaiting Pay at Age 60. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on May 14, 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. On October 29, 2018 Board for Correction of Naval Records (BCNR) Docket No. 7917-17 was signed authorizing Petitioner’s immediate reenlistment contract (NAPERS 1070/601) on or about January 22, 2016 vice January 30, 2016, for a term of 2 years. Petitioner’s expiration of Reserve enlistment is January 21, 2018. b. On April 2, 2019 Petitioner’s Statement of Service for Navy Reserve Retirement is certified indicating 18 years of satisfactory service. Anniversary years ending on February 20, 2016 and February 20, 2017 have forty-eight (48) and forty-six (46) total reserve points each. c. On April 11, 2019 Petitioner receives letter from Deputy Assistant Commander for Reserve Personnel Management Department (PERS-9), recommended Petitioner submit BCNR requesting that her point capture be moved as indicated giving her the 20 qualifying years of service needed for a Reserve retirement. See enclosure (4) d. On October 1, 2019 Petitioner’s DD Form 149 received by BCNR. Petitioner request adjustment to her record by moving correspondence course completed on 10/21/14 to the anniversary year ending 2/20/17 and course completed on 12/09/13 to anniversary year ending 2/20/16 in order to complete 20 qualifying years of service. e. On February 6, 2020 Petitioner submits email to examiner in response to rebuttal request BCNR Docket NR20190009509. She clarifies her original request to have 4 points moved for anniversary year ending 02/21/2013 to ending year 02/20/2017 and 2 points moved from 02/21/2014 to ending year 02/20/2016 to give her credit for 20 satisfactory years of service for retirement. f. On April 30, 2020 the examiner sends email correspondence PERS-91 representative of the advisory opinion given in enclosure (2). Examiner request that the representative’s office address Petitioner’s rebuttal response clarifying her original DD Form 149 request. g. 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 no merit and warrants unfavorable action. On May 8, 2020 representative of PERS-91 advisory opinion states the advisory opinion provided in enclosure (2), is unchanged. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (4), the Board finds the existence of an injustice warranting the following corrective action. The Board took into account the Petitioner’s request and the correspondence provided and determined that relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner conducted two (2) non-paid drills during anniversary year ending February 20, 2016, thus completing the anniversary year with 50 total inactive duty points and a satisfactory year. Petitioner conducted four (4) non-paid drills during the anniversary year ending February 20, 2017, thus completing the anniversary year with 50 total inactive duty points and a satisfactory year. On February 20, 2017 Petitioner’s Statement of Service for Navy Reserve Retirement reflected “20 years” vice “18 years” of total qualifying years of service. Prior to January 1, 2018 the Petitioner submitted transfer to the Retired Reserve Awaiting Pay at Age 60 application to PERS-912. Petitioner transferred to the Retired Reserve Awaiting Pay at Age 60 effective January 1, 2018 in the paygrade of E5. Petitioner’s . Note: NAVPERSCOM will send retirement orders directly to the Petitioner. The Petitioner will keep NAVPERSCOM (PERS-912) advised of her current mailing address and of any temporary or permanent changes of residence 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.