From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) MILPERSMAN 1810-081 of 20 Dec 17 
 (c) DoDFMR Vol 7A, Chp 66 
 
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 be eligible to receive Continuation Pay (CP) and payment at the previous rank of Lieutenant Commander (LCDR)/O-4. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 8 October 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  In accordance with reference (b), the effective date of payment will be the 12th year anniversary of a Service member’s Pay Entry Base Date (PEBD).  Members must elect CP prior to reaching 12 years of service (YOS). The payment of CP will occur after 12 years of service.  
 
     b.  Reference (c), indicates the CP multiple used in calculating is the actual paygrade and YOS of a member on the day CP is authorized.  
 
     c.  Petitioner’s PEBD is 23 May 2008. 
 
     d.  Petitioner enrolled into the Blended Retirement System on 2 January 2018. 
 
     e.  Petitioner’s last day eligible to elect CP was 22 May 2020.  
 
     f.  Petitioner resigned her commission on 2 September 2019. 
 
     g.  Petitioner executed DD Form 4, Enlistment/Reenlistment Document in the Health Services Collegiate Program on 3 September 2019. 
 
     h.  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.  Petitioner met the eligibility criteria for CP; however, she failed to make the election in accordance with reference (b) prior to passing the 12-year service deadline.  The Board found that had Petitioner received clear and timely guidance on making an election to receive CP, she would have followed the required procedures prior to going over 12 YOS.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, partial relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner, in coordination with her command completed the required NAVPERS 1070/613, Administrative Remarks on 1 September 2018 and submitted it to Commander, Navy Personnel Command for inclusion in the Petitioner’s Official Military Personnel File.  Note:  Petitioner acknowledged CP eligibility date as 22 May 2020, CP obligated service requirement and elected lump-sum payment. 
 
Commander, Navy Personnel Command (PERS-8) validated Petitioner’s CP eligibility and released CP authorization to Defense Finance and Accounting Service (DFAS).  Note:  DFAS will complete an audit of Petitioner’s pay records to determine retroactive pay entitlement. 
 
The part of Petitioner’s request for corrective action that exceeds the forgoing is denied. The Board is not the authority for making payments, and therefore cannot make a determination as to whether CP is to be paid at previous paygrade of LCDR/O4.    
                                                             
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.