Docket No.  596-20
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF
 
Ref:   (a) Title 10 U.S.C. § 1552 
 
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 correct his Pay Entry Base Date to prevent overpayment. 
                                          
2.  The Board, consisting of         reviewed Petitioner’s allegations of error and injustice on July 16, 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.  On June 8, 1999 Petitioner issued active duty orders to report to the         no later than July 22, 1999.  No enlistment contract is present in Petitioner’s OMPF. 
 
     b.  Petitioner enters active duty with         effective July 22, 1999. 
 
     c.  Petitioner released from active duty effective June 30, 2000.  Period of service from July 22, 1999 through June 30, 2000, 11 months and 9 days service creditable for pay purposes. 
 
     d.  Petitioner enters U.S. Naval Academy effective July 1, 2000 and released effective May 27, 2004.  Period of service Not Creditable for pay purposes. 
 
     e.  Petitioner appointed Ensign in USNR effective May 28, 2004.  First day of creditable service. 
     f.  Petitioner’s NSIPS Member Data Summary screen of May 8, 2020 reflects a PEBD of June 18, 1999. 
      
     g.  Petitioner contends after being mobilized on August 26, 2019 his PEBD was changed and he has exhausted all administrative remedies to have service correct it.  On July 9, 2020 the BCNR Examiner reached out to PSD administrative personnel requesting information concerning what action has been taken to resolve pay issue and received no response. 
                                
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 that the Petitioner’s PEBD is in error and relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
After appointment effective May 28, 2004, Petitioner’s Pay Entry Base Date was credited with 11 months and 9 days of previous creditable service. 
 
PEBD adjusted to June 19, 2003. 
 
Note:  Petitioner should consider submission for “Waiver of indebtedness” due to any over payments of basic pay due to administrative error and no fault of the member. 
                                                             
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. 
      
9/8/2020

Deputy Director