Docket No. 3552-20
Ref:   Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF  , USN,  XXX-XX  
 
Ref:  (a) Title 10 U.S.C. § 1552 
      (b) DoD 7000.14R FMR Volume 7A Chapter 1  
 
Encl: (1) DD Form 149 w/attachments 
      (2) 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 show Petitioner’s pay entry base date (PEBD) reflects 16 January 1992. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 December 2020 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 18 May 1991, Petitioner enlisted in the U.S. Navy Reserve for 8 years. 
 
     c.  In accordance with reference (b), For most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service. If, however, there is a break in service, the time between periods of service usually is not included. Also, there are statutory periods when service in a particular component may not be counted. Conversely, there are periods for which some members are given constructive service, even though they were not actually serving on active or inactive duty. Use the following guidance to compute the basic pay date when there has been a break in service of any kind or if there is a need to include constructive service. 
 
     d.  On 16 January 1992, Petitioner entered active duty for 4 years, and was released from active duty and transferred to Naval Reserve on 12 December 1994. 
 
     e.  On 24 April 1996, Petitioner reenlisted in the U.S. Navy, and was discharged in order to accept commission or warrant in the same branch of service on 31 January 2009. 
 
     f.  On 1 February 2009, Petitioner was appointed to Chief Warrant Officer – 2 in the active U.S. Navy.  
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2) and reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner did not have a break in service therefore his PEBD should reflect 16 January 1992 vice 29 May 1993.  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The immediate reenlistment contract (NAVPERS 1070/601) executed on 20 April 2000 listed a PEBD (Pay Entry Base Date) of “16 January 1992” vice “29 May 1993”.  
 
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.  Furthermore, NPC will conduct a review of Petitioner’s record to determine if any other document requires adjustment based on this change.  Finally, NPC will conduct a review of Petitioners’ DD Form 214 for possible adjustment to Block 12 (Record of Service) in order to determine if Petitioner’s current ADSD is correct.  
 
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.