Docket No. 3949-20  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref:  (a) Title 10 U.S.C. §1552 
      (b) BUPERSINST 1900.8E 

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 this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) net active service this period was corrected. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 June 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 16 January 1991, Petitioner was commissioned as an Ensign in the inactive U.S. Navy Reserve with a designator code of 1955 (Judge Advocate General’s Corps Student). 

c.  On 11 August 1991, Petitioner reported to Officer Indoctrination School, NETC, for temporary duty under instruction, and transferred on 20 September 1991. 

d.  On 5 January 1992, Petitioner reported to Naval Justice School (NJS), 

e.  On 6 January 1992, Petitioner was appointed as a Lieutenant Junior Grade in the U.S. Navy with a designator code of 2505 (Judge Advocate General Corps Officer). 

f.  On 30 June 1995, Petitioner was released from active duty and transferred to the Naval Reserve. 

g.  On 18 May 1997, Petitioner was honorably discharged from the United States Naval Reserve. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that upon Petitioner’s separation from the Navy in 1995, errors were made to his DD Form 214.  These errors will cause retired pay overpayments when Petitioner officially transfers to the Retired List. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

The Certificate of Release or Discharge from Active duty (DD Form 214, executed on 30 June 1995 is modified to read block 12a (Date entered AD this period) “5 January 1992” vice “16 January 1991”, and block 12c (Net active service this period) “3 years, 5 months, and 26 days” vice “4 years, 5 months, and 15 days”.  Note:  Petitioner completed 41 days of active duty for training (ADT) from 11 August 1991 to 20 September 1991. 

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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.