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

Document No. 4638-20
Ref:  Signature Date
 
From:   Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO LCDR , USN,  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) NAVADMIN 302/17 
 
Encl:   (1) DD Form 149 w/attachments 
 	(2) OCNO memo 7220 Ser N130/20U1110 of 20 Jul 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 entitlement to Continuation Pay (CP). 
                                              
2.  The Board, consisting of Ms.  Ms.  Ms.  reviewed Petitioner’s allegations of error and injustice on 4 August 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 Blended Retirement System (BRS) opt-in period was from 1 January 2018 through 31 December 2018.  Sailors eligible for CP in Calendar Year 2018 and wanted to elect CP, must have enrolled in BRS first and elected CP prior to reaching 12 years of service as computed from their pay entry base date (PEBD), and agree to serve an additional 4 years of service. 
                                
     b.  Petitioner’s PEBD is 24 June 2006. 
     
     c.  Petitioner’s last day eligible to elect CP was 23 June 2018. 
     
     d.  Petitioner enrolled in BRS on 17 December 2018. 
 
     e.  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 in accordance with reference (b).  However, because, Petitioner’s PEBD was within the initial BRS opt in period; the Board determined he might have been unaware of the requirement to opt into BRS prior to making CP election and before his 12-year anniversary date.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to opt-into the BRS on “23 June 2018” vice “17 December 2018.”  
 
Petitioner in coordination with his command completed the required Continuation Pay NAVPERS 1070/613, Administrative Remarks on 23 June 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 23 June 2018, 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. 
                                                             
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. 
 
8/04/2021
Deputy Director