DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 4387-20  
Ref:  Signature Date 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
Subj: REVIEW OF NAVAL RECORD OF USN, 

Ref: (a) Title 10 U.S.C. § 1552 
     (b) DoD FMR Vol 7A 
Encl:(1) DD Form 149 w/attachments 
     (2) CNRC ltr 1133 Ser N35 of 30 Oct 20 
     (3) 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 establish Petitioner’s correct Pay Entry Base Date (PEBD) in order to pay correct base pay entitlements from 25 February 2019 to 17 April 2020.    

2. The Board, consisting of ,             reviewed Petitioner’s allegations of error and injustice on 4 February 2021 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.  On 25 June 2009 Petitioner enlist in Naval Reserve, Delayed Entry Program (DEP) for 8 years of which 4 years will be active duty obligation.  Petitioner’s end of obligated service established as 24 June 2017. 

     b. On 19 April 2010 Petitioner enters active duty.  Petitioner’s PEBD is effective this date.

     c.  On 18 April 2014 Petitioner released from active duty and transferred to Navy Reserve. 

     d. On 24 June 2017 Petitioner reaches end of service obligation and is discharged from Navy Reserve. 

     e.  After a break in service from 25 June 2017 through 24 February 2019 the Petitioner enlist and enters active duty in U.S. Navy effective 25 February 2019.  Per reference (b), Petitioner’s PEBD established as 19 December 2011. Petitioner entitled to pay as an E3 over 6 years of service at a base pay of $2,233.50. 

    f. On 19 December 2019 Petitioner reaches 8 years of service for pay. Petitioner’s December leave and earnings statement (LES) reflects a pay date of 25 February 2019 and 00 years of service as an E3 with a base pay of $1,981.20.  The base pay for an E3 with 08 years of service in 2019 is $2,233.50. 

     g.  Petitioner January 2020 LES reflects PEBD 25 February 2019 an pay as E3 over 00 years of service.

     h. Petitioner February 2020 LES reflects change in pay grade to E5 effective 5 February 2020 with pay at 08 years of service, PEBD of 19 December 2011.

     i.  Petitioner appointed to Ensign effective 17 April 2020.  April 2020 LES reflects PEBD of 11 December 2011 with 08 years of service.

     j.  Petitioner May 2020 LES reflects PEBD of 25 February 2019 with over 01 years of service.

     k. Petitioner Electronic Service Record (ESR) as of 6 November 2020 reflects PEBD of 19 December 2011.

     l.  On 3 February 2021 BCNR examiner called Petitioner to discuss changes in PEBD.  Petitioner confirmed service had corrected all pay adjustments made as an Officer, however, he was informed by his PSD that he would have to petition BCNR for payments errors made while in the enlisted ranks.     

     m.  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.  The Board concluded there are inconsistencies in the Petitioner’s service record concerning his PEBD and base pay from February 2019 through January 2020 and warranted relief. 

RECOMMENDATION 

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

Upon entry into active service effective 25 February 2019, Petitioner’s Pay Entry Base Date
(PEBD) established at 19 December 2011 and warranting pay in the pay grade of E3 over 6 years
of service.

Note: Appropriate audit of pay records conducted to ensure any monies due were paid.
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.