From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) BUPERSINST 1001.39F 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Petitioner, a former Chief Petty Officer in the Navy, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect prior to his discharge effective February 02, 2013 he had applied and was approved Transfer to Retired Reserve Status. 
                                              
2.  The Board, consisting of     reviewed Petitioner’s allegations of error and injustice on July 26, 2019 and, pursuant to its regulations, determined that the corrective action indicated below 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 May 21, 1990, Petitioner enlisted in the Naval Reserve. 
 
c.  On May 16, 2011, Petitioner was advanced to Chief Petty Officer, E7 with a time in rate effective date of September 1, 2010. 
 
d.  On May 29, 2012, Notification of Eligibility (NOE) to receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan (RSSBP) is signed and mailed to Petitioner.  
 
e.  On February 2, 2013, Petitioner discharged from the Navy Reserve.  Qualifying years of service 20 years, 07 months and 06 days. 
 
f.  Petitioner contends that he had planned to reenlist and remain in a drilling Navy Reserves for several years.  However, due to family obligations and his civilian work schedule he was unable to do so.  He asserts that he had submitted a request to transfer to Retired Reserve Status per reference (b) directly to Navy Personnel Command prior to his discharge effective February 2, 2013.  He further asserts that his command directed that no other request could not be submitted since he was no longer attached, thus Navy Personnel Command (PERS-91) directed the Petitioner to submit request for relief to the Board. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  In this regard, the Board concluded that even though there was no evidence of administrative error on behalf of the Navy the Petitioner had completed the necessary honorable service in order to be transferred to the Retired Reserve Status for members eligible for Non-Regular Service Retired Pay at or After Age 60. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s discharge dated February 2, 2013 is rescinded. 
 
Petitioner submitted to be transferred to the Retired Reserves awaiting pay at age 60 and cognizant authority with the effective date of 31 January 2013 approved.  Note: Petitioner obtained 20 satisfactory years towards a reserve retirement.   
 
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 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 Regulation, 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.