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 1001.39 (series) 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC ltr 5730 Ser 91/039 of 20 Nov 20 
        (3) 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. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 10 December 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.  Petitioner reenlisted on 2 June 2002 for a term of 3-years.   
 
    b.  Petitioner earned over 20 total years of qualifying service (TYQS) on 21 June 2004. 
 
    c.  Petitioner was discharged on 1 June 2005 at expiration of obligated service (EOS). 
 
    d.  Petitioner’s 60th birthday was . 
 
    e.  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.  Petitioner met the eligibility criteria to transfer to the Retired Reserve without pay per reference (b).  However, because of administrative oversight, Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP) was not issued upon earning 20 TYQS in 2004, resulting in Petitioner not requesting retirement prior to EOS and inability to make RCSBP election.  Although the 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 transferred to the “Retired Reserve without pay” vice “discharged” on 1 June 2005. Note:  Navy Personnel Command is directed to issue NOE and notification on applying for transfer to the Retired Reserve with pay effective  
                                                             
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. 
          
1/22/2021
Deputy Director