DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BJG
Docket No: 6695-98
16 April 1999

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj:

   

REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 dtd 28 Jul 98 w/attachment
(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 (1), 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.
C695 49%

d. In his application at enclosure (1), 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 (1)), 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.
COVE GG

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.

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.

ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder

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

QS.

W. DEAN‘D

Reviewed and approved: JUN 17 1999

AGnen S, Wear.

KAREN S. HEATH
Principal Deputy Assistant Secretary of the Navy
(Manpower and Reserve Affairs)
DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000 1830

Pers823
Ser 299
4 Mar 1999

 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Subj: COMMENTS AND. RECOMMENDATIONS ICO EX-AD Gail

    
 

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 that mputation 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.

3. In view of above, it has been determined that no error or injustice has occurred in this case.
Enclosure (1) is returned.

  
  

Head, Enlisted

Plrgments Branch

CODE GS