Docket No. 658-20
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) Program authorization 116C 
       (c) DoD 7000.14-R FMR Vol. 7A 
 
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 have prior service time accounted for pay adjustment from O1 to O1E as well as back pay beginning at return to active duty status.   
                                              
2.  The Board, consisting of     , reviewed Petitioner’s allegations of error and injustice on 3 September 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, 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.  On 28 October 2009, Petitioner enlisted for 8 years in the U.S. Naval Reserve. 
 
     c.  On 20 April 2010, Petitioner entered active duty. 
 
     d.  On 19 November 2014, Petitioner was released from active duty and transferred to the Navy Reserve.  Petitioner completed 4 years and 7 months of active service.  
 
     e.  On 27 October 2017, Petitioner was discharged; however, Petitioner’s NAVPERS 1070/615 (Record of Discharge from the U.S. Navy Reserve (Inactive)) discharge date was erroneously dated “22 October 2017”.  Petitioner completed 7 years, 6 months, and 8 days for total service. 
 
     f.  In accordance with reference (b), Nurse candidate program (NCP) is a financial assistance program for full-time students enrolled in an accredited baccalaureate nursing program. Upon completion of degree requirements, the students must accept, if offered, a commission as a nurse corps (NC) officer, U.S. Navy, designator 2900, on the active-duty list.  
 
     g.  On 27 December 2017, Petitioner reenlisted in the U.S. Navy for 5 years via NCP. 
 
     h.  On 29 July 2019, Petitioner was commissioned as an Ensign in the active U.S. Navy with a designator code of 2900 (Staff Corps Officer billet requiring Nursing specialty).   
                                     
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2) and reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner was considered an O1E effective 29 July 2019 (Petitioner had more than 4 years and 1 day of active duty); however, several errors were found in Petitioner’s record. NAVPERS 1070/615 discharge date was erroneous, Statement of service listed an erroneous inactive period of 20 November 2014 to 26 December 2017, and an erroneous pay entry base date of 22 November 2011. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s Record of Discharge from the U.S. Navy Reserve (Inactive) discharge date was  
“27 October 2017” vice “22 October 2017”. 
 
USNR-E  Inactive  10/28/09-04/19/10  (Delayed entry program not creditable) 
USN-E  Active    04/20/10-11/19/14  
USNR-E  Inactive  11/20/14-10/27/17   
NCP                       12/27/17- 07/28/19  (Not creditable for any purpose) 
USN-O Active   07/29/19-DATE 
 
Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances for O1E effective 29 July 2019, with a Pay Entry Base date of 21 January 2012. 
                                                             
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.