Docket No: 00151-21 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 (b) DODI 1215.07 Encl: (1) DD Form 149 w/attachments (2) NPC ltr 5730 PERS-91 of 4 Jun 21 (3) 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 anniversary year date of 3 November vice 5 May to restore qualifying years of service to retire. 2. The Board, consisting of and Petitioner’s allegations of error and injustice on 17 June 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. In accordance with reference (b), the date the Service member entered into active service or active status in a Reserve Component established the anniversary year. The start date month and day for each successive anniversary year will not change unless the Service member has a break in service; transition directly from Active Component to RC is not considered a break in service. b. On 5 May 2000, Petitioner enlisted in the Navy Reserve for 8 years in paygrade E-5. c. Petitioner entered active duty on 5 August 2000 for the Officer Candidates Course. d. On 2 November 2000, Petitioner was released from the period of active duty service and was appointed to the rank of Ensign, U.S. Navy Reserve in an active duty status effective 3 November 2000. e. On 1 August 2006, Petitioner was released from active duty status and transferred to an inactive duty status effective 2 August 2006. Petitioner returned to active duty status from 27 October 2006 through 20 October 2010, and transferred back to inactive duty status effective 21 October 2010. f. On 12 February 2020, Navy Personnel Command (NPC) notified Petitioner of his twice failure to select and completion of 20 years of commissioned service in November 2020; therefore, unless authorized continuation, separation would be required effective 1 December 2020. Additionally, the notification indicated, if Petitioner was credited with at least 50 retirement points before his anniversary date of 2 November 2020, he would be credited with 20 years of qualifying service and eligible for a Reserve Retirement. g. Petitioner requested transfer to the Retired Reserve without pay on 21 August 2020. h. Petitioner’s Annual Retirement Point Record/Annual Statement of Service History dated 7 November 2020 reflected an anniversary date of 3 November and indicated earning 20 total years of qualifying service. i. On 4 December 2020, NPC notified Petitioner he only had 17 years of qualifying service as of 4 May 2020, thereby ineligible to transfer to the Retired Reserve without pay. j. 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’s anniversary year was improperly established as the date commissioned vice the date in which he enlisted. Upon the Navy correcting the anniversary date to 5 May, Petitioner’s points were redistributed. The redistributed points resulted in Petitioner not having the minimum 50 points for a qualifying year of service for anniversary years ending on 4 May 2015, 4 May 2016, and 4 May 2020. The Board felt, under these circumstances, partial relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Two (2) Inactive Duty Points were transferred from anniversary year ending 4 May 2014 to anniversary year ending 4 May 2015. Three (3) Inactive Duty Points were transferred from anniversary year ending 4 May 2017 to anniversary year ending 4 May 2016. Six (6) Inactive Duty Points were transferred from anniversary year ending 4 May 2019 to anniversary year ending 4 May 2020. Note: These changes will result in qualifying years of service for anniversary years ending on 4 May 2015, 4 May 2016, and 4 May 2020. Petitioner’s 21 August 2020 request to transfer to the Retired Reserve without pay effective 1 December 2020 was “approved” vice being “filed with no further action” on 4 December 2020. Petitioner transferred to the Retired Reserve without pay effective 1 December 2020. The part of Petitioner’s request for corrective action that exceeds the foregoing is denied. Petitioner’s anniversary year was properly adjusted in accordance with reference (b). 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. 7/30/2021 Deputy Director