From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER  USNR, XXX-XX  
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) BUPERSINST 1001.39F 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
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 his naval record be corrected to establish eligibility to transfer to Retired Reserve without pay and issuance of a Notice of Eligibility (NOE).  
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 16 February 2021 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), a member who has a break in service that occurs during an anniversary year may be credited with a partial year of qualifying service for non-regular retirement.  When, as a result of a break in service, a partial year occurs, the service member must meet the minimum retirement point requirements set forth in the policy.  A partial qualifying year is any period less than 12 full months in which the retirement points credited to a member, when computed proportionally to 12 months, are equal to or greater than 50 points. 
 
    b.  On 27 March 1997, Petitioner enlisted in the Navy Reserve. 
 
    c.  On 8 September 2014, Petitioner reenlisted for a term of 3-years “for retirement purposes and benefit of rate”. 
 
    d.  On 7 September 2017, Petitioner was discharged at the end of obligated service (EOS).  Petitioner earned 63 points from 27 March 2017 through 7 September 2017 and discharged with 19 total years of qualifying service (TYQS). 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  The Board determined Petitioner reenlisted with the intention of aligning his EOS with retirement eligibility date.  However, Petitioner’s EOS occurred prior to the end of his anniversary year of 28 March 2018, thereby only eligible for a partial qualifying year of service in accordance with reference (b), despite earning 63 points prior to discharge date.  Although Petitioner did not complete the proper administrative requirements, 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 discharge dated 7 September 2017 is rescinded. 
 
Transfer one (1) Correspondence Point from the anniversary year ending 26 March 1999 to the anniversary year ending 26 March 2005; resulting in a qualifying year of service for the  
26 March 2005 anniversary year.  Note:  This change will give Petitioner 20 TYQS at the end of anniversary year ending 26 March 2017 and entitle him to Notification of Eligibility to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan. 
 
Petitioner submitted request to transfer to the Retired Reserve without pay to cognizant authority in a timely manner; request was approved with an effective date of 1 September 2017.  
 
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. 
          
3/18/2021
Deputy Director