DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 7478-09
Le Oct 20
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAV.
Ref: (a) Title 10 U.8.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo 7220 PERS 823 of 9 Jul 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 Petitioner is entitled to an additional 41 days credit toward
his retirement multiplier under the provisions of paragraph 2.2.3, DOD
INST 1340.19 for public service performed during the “enhanced
retirement qualification period”.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
12 October 2010 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.
b. Petitioner was transferred to the Fleet Reserve on
31 October 1998, under the provisions of the Temporary Early
Retirement Authority (TERA), with 15 years, 2 months, and 23 days of
creditable service.
c. An individual transferred to the Fleet Reserve under the
Provisions of TERA may accrue additional creditable service for work
in Public Service during the “enhanced” period. The “enhanced” period
is the period of time following the retirement to the date he would
have attained 20 years service.
Docket No. 7478-09
d. The period of “enhanced” Public Service can be used to add to
the retirement multiplier.
e. Reporting of public service performed during the enhanced
period was to be made by the retiree within 1 year of the end of the
enhanced period.
f. The last individual retired under TERA on 31 August 2002. All
reports of public service should have been completed by or before
cy2008. The Defense Manpower Data Center (DMDC) has ceased processing
new applications for enhanced retirement credit. Any individual
submitting an application for enhanced retirement credit is now
instructed to submit their application to the Board for Correction of
Naval Records (BCNR).
g. Petitioner is requesting his retired pay be recomputed on
reaching age 62, based on the Public Service he earned during the
“enhanced” period under TERA. He worked for the Housing Authority of
the County of Contra Costa.
h. The end of his “enhanced” period was 31 August 2003, which
is the date he would have attained 20 years of active service
1. An approved Board for Correction of Naval Record finding will
be sent through the DMDC for processing and will be mailed to
Temporary Early Retirement Authority, OSs SG ee 400
Gigling Road, Seaside, CA, 93955.
7] 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.
Docket No. 7478-09
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner is to be credited with 41 days additional days of
service for computing retired pay for the period between 21 July 2003
and 31 August 2003 based on his public service during the “enhanced”
period.
b. So much of Petitioner’s request for corrective action as
exceeds the foregoing be denied.
c. 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 ate J. HESS,
Recorder Acting Recorder
B. 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.
18 October 2010 \Ssood
W. DEAN PFE
Executive Di
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