DEPARTMENT OF THE NAVY

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

Docket No. 28-19 
Ref: Signature Date 

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

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. §1552 

Encl: (1) DD Form 149 w/attachments 

(2) NPPSC memo 5400 dtd 29 Nov 18 
(3) BCNR ltr HCG Docket No. 2234-16 dtd 11 Aug 16 
(4) 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 receive service credit for the duration of being discharged in error;  July 2015 through March 2017, and back pay. 

2. The Board, consisting of XXXX reviewed Petitioner’s allegations of error and injustice on 22 January 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 
the 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 July 2001, Petitioner entered active service. 

c. On July 2015, Petitioner was separated from active service. 

d. On June 2016, BCNR corrected Petitioner’s record to reflect advancement to E6 
effective June 2015, with a time in rate (TIR) of  January 2015. 

e. On  March 2017, Petitioner entered active service. 

f. In correspondence attached as enclosure (2), the office having cognizance over the subject 
matter addressed in Petitioner’s application has commented that the PEBD was corrected to 
reflect  July 2001. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the 
contents of enclosures (2) and (3); the previously approved BCNR grant letter, the Board agreed 
that Petitioner should never have been separated. A break in service was created as a result of 
his erroneous separation for High Year Tenure (HYT). The Board finds the existence of an 
injustice warranting the following corrective action. 

RECOMMENDATION 

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

Petitioner’s discharge dated  July 2015 is rescinded. Note: Petitioner’s Certificate of Release 
or Discharge from Active Duty (DD Form 214) is null and void. 

Petitioner’s Active Duty Service Date (ADSD) and Pay Entry Base Date (PEBD) is modified to 
reflect “ July 2001” vice “ March 2003”. Note: Petitioner’s record should show no break in 
service. 

Note: That there be inserted in Petitioner’s naval record a memorandum for continuity for the 
period of  July 2015 through  March 2017. Furthermore, 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 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.