DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8888-18 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. §1552 Encl: (1) DD Form 149 w/attachments (2) HQMC memo 1820 MMPR-5 of 11 Feb 19 (3) 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 completed 20 years of qualifying service and retired. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 7 May 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 the 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 3 December 2000, Petitioner completed 19 years of qualifying service. c. On 3 September 2001, Petitioner was discharged. d. 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 should have been given the opportunity to request and extension and continue to become retirement eligible. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s discharge dated 3 September 2001 is rescinded. Petitioner executed a NAVMC 321A (Agreement to Extend Enlistment), operative on 4 September 2001 for 4 months. Petitioner completed all training and administrative requirements to include 50 points for the anniversary year ending 3 December 2001. Note: to accomplish this, Petitioner will be credited with 10 non-paid drills. Petitioner was transferred to the retired reserve, without pay, effective 1 January 2002. Petitioner completed 20 years of qualifying service. Petitioner submitted a request for retired pay at age 60 prior to (60th birthday), and was approved by cognizant authority. Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 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.