From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  USNR RET, XXX-XX  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) BUPERSINST 1001.39E 
 
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 reflect transfer to Retired Reserve without pay effective 1 May 2006 vice 1 April 2006.   
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 15 April 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.  On 18 March 2006, Petitioner issued Retirement Order and Transfer Authorization to Retired Reserve Status effective 1 April 2006. 
 
    b.  Petitioner issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP) and Statement of Service reflecting 20 years of qualifying service on 5 April 2006. 
 
    c.  On 23 April 2018, Navy Personnel Command (NPC) generated a new Statement of Service indicating Petitioner’s anniversary end date of 31 March 2006; eligibility for NOE was removed and qualifying years of service reflects 19 years, 11 months, and 25 days. 
 
 
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 the issuance for authorization to transfer to the Retired Reserve without pay status effective 1 April 2006 was an administrative error.  Per reference (b) to qualify for non-regular service retired pay at or after age 60 service members must have completed at least 20 years of qualifying service, computed under 10 U.S.C., 12732.  The Board concluded due to this administrative error relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner transferred to the Retired Reserve without pay effective “1 May 2006” vice “1 April 2006” with “20-years, 00-months and 00-days” vice “19-years, 11-months and 25-days” qualifying years of service. 
 
Note:  Navy Personnel Command (PERS-912) will provide notification to Petitioner regarding procedures on transferring to Retired Reserve with-pay at age 60. 
                                                            
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. 

5/14/2021
Deputy Director