DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 8097-18  
Ref:  Signature Date  

From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. §1552 

Encl: (1) DD Form 149 w/attachments 
      (2) NPC ltr 5730 PERS-91/250 of 29 Aug 19 
      (3) NPPSC memo 5400 of 3 Oct 19 
      (4) Subject’s naval record 

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 show Petitioner was eligible and transferred to the Retired Reserve awaiting pay at age 60.  Furthermore, Petitioner’s Pay Entry Base Date was adjusted to include prior service. 

2.  The Board, consisting of            , reviewed Petiitoner's allegations of error and injustice on 15 October 2019 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, 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.  On 31 January 1985, Petitioner enlisted for 8 years in the U.S. Navy Reserve. 

     c.  On 25 February 1985, Petitioner entered active duty, and on 24 February 1990, he was released from active duty and transferred to the Navy Reserve. 

     d.  On 7 November 1998, Petitioner was discharged.  

     e.  On 28 July 2006, Petitioner re-affiliated with the Navy Reserve. 

     e.  On 19 May 2008, Petitioner reenlisted for 4 years in the U.S. Navy, with 11 years, 9 months, and 20 days of qualifying years of service. 

     f.  On 19 June 2018, he was honorably discharged.

     g.  In correspondence attached as enclosure (2) and (3), 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) and (3), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner qualified for a Reserve retirement, and should have been transferred to the U.S. Navy Reserve in order request it.  Petitioner prior to returning to active duty on 19 May 2008, he had completed 11 years, 9 months, and 20 days of qualifying years of service.  Additionally, Petitioner’s pay account is currently being reviewed and corrected by DFAS to correct PEBD and associated base pay from 2008 to 2018 and Petitioner will receive a credit to his account. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

The Certificate of Release or Discharge from Active duty (DD Form 214) effective 19 June 2018 is modified to read block 23 (Type of separation) “Released from active duty and transferred to the Navy Reserve” vice “Discharged”. 

Petitioner executed a 2-year enlistment/reenlistment document in the U.S. Navy Reserve, which became effective on 20 June 2018. 

Petitioner was transferred to the retired reserve, without pay, effective 1 July 2018.  Note: Petitioner completed over 20 years of qualifying service.  

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


2/11/2020