Docket No. 11473-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


Ref:  (a) Title 10 U.S.C. §1552 
      (b) BUPERSINST 1001.39F dtd 7 Sep 17 

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 this Board requesting, in effect, that the applicable naval record be corrected tobe transferred to the Retired Reserve awaiting pay at age 60. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 18 February 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, 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.  In accordance with reference (b), generally a Reservist must have completed 20 years of qualifying service to be eligible for non-regular service retired pay at or after age 60.  Additionally, the policy indicates applications for transfer to the Retired Reserve should have been submitted to Navy Personnel Command (PERS-912) between 6 and 12 months in advance of requested retirement date. 

c.  On 19 September 1990, Petitioner entered the Navy Reserve. 

d.  On 18 September 2010, Petitioner earned 20 total years of qualifying service (TYQS). 

e.  On 5 March 2011, Petitioner was issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP). 

f.  On or about 8 March 2012, Petitioner was discharged at expiration of obligated service (EOS) with 21 TYQS towards a non-regular service retirement. 

CONCLUSION 

Upon review and consideration of all the evidence of record, 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; however, there is no evidence of an application to retire submitted to PERS-912 for processing in accordance with reference (b).  Although the Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

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

Petitioner’s discharge transaction completed on or about 8 March 2012 is rescinded. 

Petitioner submitted request to transfer to the Retired Reserve without pay 6-months in advance of requested retirement date of 1 March 2012 and cognizant authority approved the request. 

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 trueand 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.