Docket No. 5249-20
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO  ,    USN RET 
 
Ref:   (a) Title 10 U.S.C. 1552 
 
Encl:  (1) DD Form 149 w/attachments 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to change his retirement date from 18 April 2006 to 19 April 2006.   Petitioner case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 
                                              
2.  The Board, consisting of    reviewed Petitioner's allegations of error and injustice on 15 October 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 the 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.  Petitioner entered active duty with the Navy on 21 November 1983 and served until 19 April 2006 when he was placed on the Temporary Disability Retirement List (TDRL).  At the time of his placement on the TDRL, he had over 22 years of honorable qualifying service for retirement. 
 
     c.  On 9 August 2006, Petitioner was found guilty for a number of serious crimes in  state court.  As a result of his misconduct, he was sentenced to life in prison plus 60 years plus 12 months to be served consecutively.  Due to his confinement in prison, he failed to appear for his final periodic physical examination and was administratively removed from the TDRL. 
 
     d.  On 17 August 2017, this Board considered Petitioner’s application to be transferred to the retirement list based on his length of service and granted his request.  It ordered his placement on the retirement list based on qualifying years of service in lieu of his transfer to the TDRL effective 19 April 2006, which was his last day of active duty service.  However, based on his reissued DD Form 214, Petitioner was retired on 19 April 2006 making his last day of active duty service 18 April 2006. 
                                     
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief.   The Board determined Petitioner’s DD Form 214 erroneously lists his last active duty date as 18 April 2006 vice 19 April 2006. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by changing his last day of active duty to 19 April 2006 vice 18 April 2006.  Petitioner will be issued a new DD Form 214 consistent with this change. 
 
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 Regulation, 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.