DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON OG 20370-5100
Lcc
Docket No. 4761-09
17 Dec 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
OF NAVAL RECORD ICO
FE pons
Subj: REVIEW
Ref: (a) Title 10 U.S.c. 1552
Enel: {1} DD Form 149 w/attachments
{2) CNO memo 12715/1920 Ser N130G/0900671 dtd 21 Sep 09
(3) Subject's naval record ,
1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to show the DD Form 214 issued on 31 January 1995 when discharged from
the Navy reflected that the Voluntary Separation Incentive (VSI)
payment he was entitled to receive was based on his Pay Entry Base
Date (PEBD) which included his active duty time as well as 3 months
and 17 days of reserve duty.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
‘reviewed Petitioner's allegations of error and injustice on
14 December 2009 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, 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 available under existing law and regulations
within the Department of the Navy. Petitioner was a member.of the
inactive US Navy Reserve from 15 July 1986 to 1 November 1986 for a
period of 3 months and 17 days.
b. Petitioner served on active duty from 2 November 1886 until
31 January 1995 for a period of 8 years, 2 months, and 29 days.
c. On 31 January 1995, Petitioner was released from active duty
under the Voluntary Separation Incentive (VSI) Program.
Docket No. 4761-09
d. Petitioner’s VSI monetary benefit was calculated in error by
the Personnel Support Detachment, Jacksonville, FL because it failed
to include the 3 months and 17 days of inactive reserve time when
calculating the “time in service’.
e. 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 favoratle 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.
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. When released from active duty on 31 January 1995 Petitioner
was authorized annual VSI payments based on his total time in service
which included 3 months and 17 days of inactive reserve duty.
b. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4. It is certified that quorum was present at the Board’s review and
deliberations, and that the foregoing is a true complete record of the
Board's proceedings in the above entitled matter.
ROBERT D. ZSALMAN rab Cees III
Recorder Acting Recorder
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 reference
{a), has been approved by the Board on behalf of the Secretary of the
Navy.
4
17 December 2009 Sen SS
FEIFFER
Fee_wW. DEAN P
Executive Director
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