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) 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 pay back pay for paygrade while an E4 on active duty from November 16, 2015 through August 16, 2016.  The period of November 16, 2015 through May 19, 2016 being tax free due to being in a “Tax Exclusion Zone” during that period. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on June 18, 2020 and, pursuant to its regulations, determined that the “Partial” 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On December 19, 2014 the Petitioner enters active duty mobilization orders in the rank of AEAN E3. 
 
     b.  Petitioner enters HDP tax exclusion location effective May 21, 2015 in the rank of AEAN E3. 
 
     c.  Petitioner departs HDP tax exclusion location effective May 19, 2016 in the rank of AEAN E3. 
 
     d.  Petitioner released from active duty effective August 13, 2016 in the rank of AEAN E3. 
 
     e.  After returning to U.S. Navy Reserve command Petitioner’s advancement to AE3 E4 is back dated effective November 16, 2015 with a time in rate date of July 1, 2015. 
 
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 concluded that the Petitioner’s pay records reflect Petitioner has was paid in the paygrade of “E3” vice “E4” for the active duty period of November 16, 2015 through August 16, 2016 with no supplemental payments being issued. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner served on active duty from November 16, 2015 through August 16, 2016 in the rank of AE3 E4. 
 
Petitioner be issued a DD Form 215 for the DD Form 214 issued effective August 13, 2016 correcting Blocks “4.b” and “12.i”. 
 
Miscellaneous Military Pay Order/Special Payment Authorization (NAVMC 11116) be issued and provided to the appropriate Finance Officer for appropriate action. 
 
Note:  The Petitioner will have to contact the Internal Revenue Service in regards to the appropriate tax adjustment concerning being in a tax exclusion zone. 
                                                             
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.