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

Docket No. 1862-19  
Ref:  Signature Date  

From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) 10 U.S.C. § 1552 
     (b) MILPERSMAN 1810-081 of 20 Dec 17 

Encl: (1) DD Form 149 w/attachments 
      (2) OCNO memo 7220 Ser N130/19U0301 of 19 Feb 19 

1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that his naval record be corrected to be eligible to receive Continuation Pay (CP). 

2.  The Board, consisting of        , reviewed Petitioner’s allegations of error and injustice on 9 October 2019 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 regulation within the Department of the Navy.

     b.  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.

     c.  Petitioner’s active-duty service date is 21 September 2006.

     d.  Petitioner reenlisted in the United States Navy on 31 March 2016 for a term of four years.

     e.  Petitioner enrolled in the Blended Retirement System on 31 July 2018. 

     f.  20 September 2018 was Petitioner’s last day he was eligible to elect CP. 

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, but he failed to make an election in accordance with reference (b) prior to passing the 12-year service deadline.  The Board found that, had Petitioner been given clear and timely guidance on making an election to receive CP, he would have followed the proper procedures prior to going over 12 years of service.  Although the proper administrative requirements were not completed by Petitioner, the Board determined that, under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner, in coordination with his command, completed the required NAVPERS 1070/613, Administrative Remarks in a timely manner and submitted it to the Commander, Navy Personnel Command, for inclusion in Petitioner’s official military personnel file.  Note:  Petitioner acknowledged his CP eligibility date as 21 September 2018 and the CP obligated service requirement, and he elected lump-sum payment. 

The Commander, Navy Personnel Command (PERS-8) validated Petitioner’s CP eligibility and released CP authorization to the Defense Finance and Accounting Service (DFAS).  Note:   The DFAS will complete an audit of Petitioner’s pay records to determine if he 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


1/17/2020