D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC 20370-5100 

J3JG 
Docket No:  6695-98 
16 April  1999 

From:  Chairman, Board  for Correction of  Naval  Records 
To: 

Secretary of  the Navy 

Subj ; : 

Ref: 

(a)  Title 10 U.S.C.  1552 

Encl: 

(1)  DD Form  149 dtd  28 Jul 98 wlattachment 
(2)  NPC-823 memo dtd 4 Mar 99 
(3)  Subject's ltr dtd 25 Mar  99 
(4)  Subject's naval record 

1.  Pursuant to the provisions of  reference (a), Subject, hereinafter referred to  as Petitioner, 
filed written application, enclosure (I), with  this Board requesting, in  effect, that his naval 
record be corrected by  granting him  two more days of  service, so that he will have a total of 
24 years,  rather than  23 years,  11 months and 28 days. 

2.  The Board,  consisting of  Messrs. Swarens and  Zsalman and  Ms.  Taylor, reviewed 
Petitioner's allegations of  error and injustice on  8 April  1999 and  completed deliberations on 
16 April  1999.  Pursuant to its regulations, the Board 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, naval records, 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 which 

were available under existing law and regulations within  the Department of the Navy. 

b.  Enclosure (1) was filed in  a timely  manner. 

c.  Petitioner transferred to the Fleet Reserve on  30 November  1997, after having served 

a total of  23 years,  11 months, and  28 days.  Had  he remained on  active duty for an 
additional two days, he would  have received a 24-year  longevity pay  raise,  and  his retainer 
pay  as a member of  the Fleet Reserve would  have been  increased as well.  He had  the 
additional time on  his enlistment contract to allow him  to serve the additional two days. 

d. 

In  his application at enclosure (I), Petitioner alleged that he was not counseled he 

was  two days short of 24 years on  the date he left active duty.  He stated that he discovered 
this on  15 December  1997.  His Department of  Defense (DD) Form 214, certificate of  release 
or discharge from active duty  (last document at enclosure (I)), which  he signed before 
transferring to the Fleet Reserve, shows that he had  nine years and  eight months of  net active 
service in  the current period;  12 years,  four months and  12 days of  prior active service; and 
one year,  11 months and  16 days of  prior  inactive service.  While the DD  Form 214 does not 
expressly reflect the total, it comes to 23 years,  11 months, and  28 days of  service.  Each 
month, all active duty  service members receive a leave and earnings statement (LES) which 
shows their pay  entry base date (PEBD).  Petitioner had  a PEBD of  3 December  1973. 

e. 

In  correspondence attached as enclosure (2), the Navy  Personnel Command Enlisted 
Retirements Branch  (NPC-823) has commented to the effect that Petitioner's request should 
be denied.  This advisory opinion states in pertinent part as follows: 

. . . 

2.  Review of  the master enlisted service record  indicates that  [Petitioner's] 
computation of  active and inactive service was correctly computed and that 
based  on  his request,  he  was  transferred to the Fleet Reserve on 
30 November  1997.  His final authorization and  statement of  service was 
forwarded via naval message on  3 July  1996 to his final duty  station.. . 

f.  By  letter at enclosure (3), Petitioner replied to the advisory opinion from NPC-823. 

In  this letter, he alleged that he had  been  advised by  his Personnel Support Detachment (PSD) 
that if he transferred to the Fleet Reserve on  30 November  1997, this would put him  "over 24 
years day for day."  He said  "I was acting on  their computation being accurate and the PSD 
LCPO [leading chief petty officer] even checked my records and  said that date would be 
perfect."  He stated he did not believe anyone with  his length of  service "would purposely 
transfer  to the Fleet Reserve 2 days shy of  24  years." 

CONCLUSION: 

Upon  review and consideration of  all the evidence of  record, and  despite the recommendation 
in  enclosure (2), the Board  finds an  injustice warranting the requested relief. 

The Board accepts Petitioner's assertion that he was  misinformed  he would  have 24 years of 
service when  he transferred to the Fleet Reserve on  30 November  1997.  They agree with 
him  that since he had  enough time on  his enlistment contract, it would have been  illogical for 
him  not to serve the additional two days needed to receive his 24-year longevity pay  raise. 
They recognize he could have discovered, before transferring to the Fleet Reserve, 
that he 
would be days short of  24  years of  service on  30 November  1997.  However, they 
feel it is 
in  the interest of justice  to  excuse his reliance on  the erroneous advice he received. 

In  view of  the foregoing, the Board  recommends the following corrective action. 

RECOMMENDATION: 

a.  That Petitioner's  naval  record  be  corrected to show that  he  transferred to  the  Fleet 

Reserve on  2 December  1997 rather than  30 November  1997. 

b.  That any  material  or entries inconsistent with  the Board's  recommendation be 

corrected, removed or completely expunged from  Petitioner's record  and  that  no  such entries 
or material be added  to  the record  in  the future. 

c.  That a copy of this Report of  Proceedings be  filed  at an  appropriate location  in 
Petitioner's  naval  record,  and  that  another copy of  this report be  returned  to  this  Board, 
together with  any  material directed to be  removed  from  Petitioner's record,  for  retention  in  a 
confidential file maintained  for such purpose. 

It is certified that a quorum  was  present at  the  Board's review  and  deliberations, and  that 

4. 
the foregoing is a true and  complete record of  the Board's proceedings  in  the above entitled 
matter. 

ROBERT D.  ZSALMAN 
Recorder 

JONATHAN  S. RUSKIN 
Acting  Recorder 

5.  The foregoing report  of  the  Board  is  submitted for  your  review  and  action. 

Reviewed and  approved: 

JUN  1 7   1999 

KAREN S. HEATH 

Principal Deputy Assistant Secretary of the Navy 

(Manpower and Reserve Affairs) 

DEPARTMENT OF THE NAVY 

NAVY PERSOWWEL C O M M I N D  

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

1830 
Pers823 
Ser 299 
4 Mar 1999 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

Subj:  C 
u 

NAVAL RECORDS 

COMMENDATIONS ICO EX-AD 

Ref: 

(a)  Pers-OOXCB ltr of  04 Jan  1999 

Encl:  (1)  BCNR File with Microfiche Service Record 

1.  Reference (a) requested comments and recommendations in subject member's  case. 
Specifically, Petitioner requests to adjust his Fleet Reserve date adjusted to attain 24 years vice 
23 years,  11 months, 28 days for pay purposes. 

2.  Review of the master enlisted service record indicates tha-mputation 
active and inactive service was correctly computed, and that based on his request, he was 
transferred to the Fleet Reserve on 30 November 1997.  His final authorization and statement of 
service was forwarded via naval message on 3 July 1996 to his final duty station. 
3.  In view of above, it has been determined that no error or - injustice has occurred in this case. 

of