Docket No. 2423-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


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 block 12a of the Certificate of Release or Discharge from Active Duty (DD Form 214) dated 10 October 2013; remove enlistment document (DD Form 4) dated 23 November 1999; and receive a waiver of indebtedness for payment of Separations pay. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 April 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 29 October 1999, Petitioner enlisted into the delayed entry program (DEP). 

c.  On 1 February 2000, Petitioner entered active duty. 

d.  On 10 October 2013, Petitioner was discharged with full separations pay. 

e.  On 11 October 2013, Petitioner affiliated into the Navy Reserve. 

f.  On 22 September 2014, Petitioner entered active duty. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board agreed that Petitioner’s DD Form 214, block 12a was in error and the DD Form 4 did not belong to the Petitioner.  Lastly, the Board agreed that Petitioner was not issued a debt for the payment of separations pay.  Petitioner is not required to pay the separations pay back until Petitioner is eligible to receive retirement pay.  The Board finds the existence of an injustice warranting the following partial corrective action. 

RECOMMENDATION 

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

Petitioner’s DD Form 214, block 12a is changed to “2000 02 01” vice“1999 10 11.” 

The enlistment / reenlistment document (DD Form 4) dated 23 November 1999 is removed from Petitioner’s Official Military Personnel File. 

In so far as Petitioner's request for corrective action that exceeds the foregoing, the Board agreed that Petitioner was never issued an indebtedness for severance pay. As such, Petitioner is not required to pay the separations pay back until Petitioner is eligible to receive retirement pay.  

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  It is certified that 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.