From:    Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MBR , USNR, XXX-XX- 
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) BUPERSINST 1001.39E of 26 Apr 05 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC ltr 5730 PERS-91 of 28 Jul 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 be show that he was credited with 20 or 40 points for correspondence courses, was transferred to the Retired Reserve, and to look at his advancement exam from 1989. 
                                              
2.  The Board, consisting of Mr. , Mr.  and Ms. , reviewed Petitioner’s allegations of error and injustice on 10 August 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 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 10 February 1979, Petitioner enlisted in the U.S. Naval Reserve for 6 years with an Expiration of Obligated Service (EOS) of 9 February 1985.  On 6 November 1979, Petitioner entered active duty for 4 years with an End of Active Obligated Service (EAOS) of 5 November 1983. 
 
     c.  On 9 February 1985, Petitioner was honorably discharged. 
 
     d.  On 1 July 1985, Petitioner reenlisted for 4 years in the U.S. Navy. 
 
     e.  On 18 December 1986, Petitioner was advanced to Petty Officer Second Class/E-5 (WT2).   
 
     f.  On 1 June 1992, Petitioner was honorably released from active duty.    
 
     g.  On 6 August 2000, Petitioner reenlisted for 3 years with an EOS of 5 August 2003. 
 
     h.  On 22 July 2003, Petitioner signed an agreement to extend enlistment for 24 months with an EOS of 5 August 2005 in order to continue career.  
 
     i.  On 10 December 2003, Petitioner transferred to the Individual Ready Reserve (IRR). 

     j.  In accordance with reference (b), Unless otherwise provided by law, a reservist must have completed 20 years of qualifying service to be eligible for non-Regular service retired pay, at or after age 60.  The last 6 years of such qualifying service must be in a reserve component for members who have earned 20 or more years of qualifying service on or before 24 April 2005.  
 
     k.  On 5 August 2005, Petitioner was discharged.  
 
     l.  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 partial 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 partial corrective action.  The Board concluded that all courses that Petitioner was requesting participation credit for are already credited in his record.  Furthermore, the Board concluded that Petitioner has earned sufficient years of qualifying service to have his separation overturned to reflect retired vice former member as of 1 August 2005.  Finally, you did not provide any evidence to support your request regarding an advancement exam in 1989.  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The record of discharge from the U.S. Naval Reserve effective 5 August 2005 is rescinded.  
 
Petitioner was transferred to the retired reserve, without pay, effective 31 July 2005.  Note: Petitioner completed over 20 years of qualifying service.     
 
Petitioner submitted a request for retired pay at age 60 prior to  (60th birthday), and it 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 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. 
 
9/29/2021
Deputy Director