From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
(b) DODI 1340.19 of 17 Nov 93 
 
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 show Petitioner registered and completed all requirements for service credit under Public and Community Service (PACS).  
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 November 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.  Petitioner’s service entry date is 18 August 1976. 
 
     c.  Petitioner’s active duty base date is 19 February 1981. 
 
     d.  In accordance with reference (b), a retiree shall receive military service credit, as provided by Public Law 102-484, "National Defense Authorization Act for FY93,", for all qualifying periods of employment during the enhanced retirement qualification period. A qualifying period of employment shall meet the following conditions:  The employing organization is listed on the registry of public and community service organizations, maintained by the Department of Defense, reviewed by the Interagency Public and Community Service Working Group, and approved by the Assistant Secretary of Defense for Personnel and Readiness, as qualifying as an employer for additional military service credit.  The employment is full-time, as defined by the employing organization. As a guideline, full-time is defined as a minimum of 33 hours per week or 143 hours per month, including paid holidays and paid periods of leave or vacation.  The employee is paid. 
 
     e.  On 29 February 1996, Petitioner was honorably transferred to the Fleet Reserve via early retirement (15 years) with 15 years and 12 days.  Furthermore, Petitioner’s  DD Form 214 stated that “member is retiring as provided by section 4403 of the FY 1993 National Defense authorization act (NDAA) and may qualify for a recommendation of retired pay at age 62 (section 4464 of same law).” 
 
     f.  On 9 September 2006, Petitioner was notified by Navy Reserve Personnel Center that upon completion of 30 years of active/inactive duty service or otherwise meeting eligibility requirements, the Secretary of the Navy authorized Petitioner’s transfer to the Retired List of the Regular Navy/Navy Reserve effective 1 October 2006. 
 
     g.  On 13 December 2019,  County Government, , notified to whom it may concern that Petitioner has been employed with  County Government from 29 February 1996 to 1 March 2001 as a correctional officer with the  County Sheriff’s department.  
 
     h.  On 26 July 2020, Petitioner turned 62 years of age. 
 
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 that there is no evidence that during retirement processing, the Navy provided Petitioner a copy of DD Form 2676, "Validation of Public or Community Service Employment," and explained the reporting requirements and procedures for enhanced retirement credit.  Furthermore, the employing organization is listed on the registry of public and community service organizations.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner, prior to early retirement, registered for PACS. 
  
Petitioner became employed under the conditions specified in subsection 3.1 (DODI 1340.19), obtained certification of employment from the employing organization, and submitted a completed DD Form 2676 as follows; at the beginning of his qualifying periods of employment, at the end of his qualifying periods of employment, or the end of the enhanced retirement qualification period (whichever came first), and annually during a qualifying period of employment on the anniversary of the date of retirement. 
  
Petitioner completed all reporting within 1 year of the end of the enhanced retirement qualification period. 
 
Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances.   
                                                             
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.