From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) Title 10 U.S.C. §1552 Encl: (1) DD Form 149 w/attachments (2) NPC ltr 5730 Ser 91/130 of 4 Jun 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 show Petitioner extended vice discharged on 19 August 2000, completed a satisfactory year ending 27 August 2000, and was credited with active duty training (ADT) points while in Singapore. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 26 July 2019 and, pursuant to its regulations, determined that the corrective action indicated below 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 20 August 1996, Petitioner reenlisted for 4 years with an end of active obligated service (EAOS) of 19 August 2000. c. Petitioner received an NAVPERS 1610/2 (Evaluation Report & Counseling Record) for the period of 16 March 2000 to 19 August 2000. d. On 19 August 2000, Petitioner was discharged on her EAOS. e. On 7 September 2000, Petitioner was ordered to proceed and report as directed for a period of 12 days to perform ADT with pay, and 2 days of travel. f. Petitioner received an NAVPERS 1610/2 (Evaluation Report & Counseling Record) for the period of 18 September 2000 to 29 September 2000. g. On 30 November 2000, Petitioner reenlisted for 4 years with an end of active obligated service (EAOS) of 29 November 2004. h. Petitioner received an NAVPERS 1610/2 (Evaluation Report & Counseling Record) for the period of 30 November 2000 to 15 March 2001. i. On or about 1 September 2006, Petitioner received her notification of eligibility (NOE) to receive retired pay at age 60 and participate in the reserve component survivor benefit plan (RCSBP). j. 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 there is no record of a contract for the time in which Petitioner performed the AT/ADT in from 16 September 2000 to 30 September 2000. Petitioner would have been required to be on contract to execute orders. The BCNR would need to direct necessary changes to Petitioner’s discharge and contract to allow points to be credited to Petitioner’s record. 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. The Board determined that due to possible administrative oversight, Petitioner was not on contract; however, Petitioner did in fact execute ADT orders during the period of 16 September 2000 to 30 September 2000. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: The record of discharge from the U.S. Naval Reserve effective 19 August 2000, is rescinded. Petitioner executed a 4 month agreement to extend enlistment (NAVPERS 1070/621), on 19 August 2000. Petitioner completed all training and administrative requirements for the anniversary year ending 27 August 2000. Note: Points for her ADT during September 2000 will be credited to her record. Petitioner’s anniversary date will be adjusted accordingly. Finally, if the adjustment of the anniversary year affects any other qualifying year, points will be moved if necessary. Note: Defense Finance and 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 Regulation, 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.