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

Docket No. 3981-19  
Ref:   Signature Date  

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

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

Encl: (1) DD Form 149 w/attachments 
      (2) OCNO memo7220 Ser N130/19U0675 of 18 Apr 19 
      (3) 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 be eligible to receive Continuation Pay (CP). 

2.  The Board, consisting of    , reviewed Petitioner’s allegations of error and injustice on 22 November 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 regulations 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 pay entry base date is 4 April 2007 . 

d.  Petitioner enrolled in the Blended Retirement System (BRS) on 12 January 2018. 

e.  Petitioner’s last day of eligibility to elect CP was 3 April 2019. 

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; however, she failed to make the election in accordance with reference (b) prior to passing the service deadline of 12 years.  The Board found that had the Petitioner been given clear and timely guidance on making an election to receive CP, she would have followed proper procedures prior to going over 12 years of service.  Although Petitioner did not complete the proper administrative requirements, the Board felt 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 her command completed the required NAVPERS 1070/613, Administrative Remarks on 1 April 2019 and submitted it to Commander, Navy Personnel Command for inclusion in the Petitioner’s Official Military Personnel File.  

Note:  Petitioner acknowledged her CP eligibility date as 4 April 2019, CP obligated service requirement and elected lump-sum payment.
 
Commander, Navy Personnel Command (PERS-8) validated Petitioner’s CP eligibility and released CP authorization to Defense Finance and Accounting Service (DFAS).  Note:  DFAS will complete an audit of Petitioner’s pay records to determine if she 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 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.