Docket No. 6102-20
Ref: Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  USN, XXX-XX-  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DoD 7000.14-R FMR Vol. 7A, Ch. 1 
 
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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to show Petitioner’s Pay Entry Base Date (PEBD) reflect time spent in the U.S. Marine Corps Reserve.   
                                              
2.  The Board, consisting of      , reviewed Petitioner’s allegations of error and injustice on 4 March 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, 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.  In accordance with reference (b), “For most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service. If, however, there is a break in service, the time between periods of service usually is not included. Also, there are statutory periods when service in a particular component may not be counted. Conversely, there are periods for which some members are given constructive service, even though they were not actually serving on active or inactive duty. Use subparagraphs 010201.C through E to compute the basic pay date when there has been a break in service of any kind or if there is a need to include constructive service.” 
 
     c.  On 25 October 2001, Petitioner enlisted for 8 years in the Marine Corps Reserve. 
 
     d.  On 10 June 2002, Petitioner entered active duty, and was released from active duty on 4 June 2004. 
 
     e.  On 25 June 2004, Petitioner was recalled to active duty, and was released from active duty on 24 June 2005. 
 
     f.  On 1 June 2006, Petitioner was recalled to active duty, and was released from active duty on 24 April 2007. 
 
     g.  On 17 December 2007, Petitioner reenlisted for 4 years in the U.S. Navy and agreed to extend enlistment for 24 months. 
    
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 Petitioner established a PEBD effective 10 June 2002 with the U.S. Marine Corps Reserve and entered U.S. Navy effective 17 December 2007 without a break in service for pay purposes.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was issued an NAVPERS 1070/613 (administrative remarks) stating that his PEBD upon entrance in the U.S. Navy was 10 June 2002. 
 
Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. 
                                                             
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.