Docket No. 8698-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF LT USNR, XXX-XX Ref: (a) Title 10 U.S.C. § 1552 (b) Title 10 U.S.C. §14501 (c) Title 10 U.S.C. § 640 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 the Board for Correction of Naval Records (Board), requesting that her record be corrected by (1) remitting the $10,218.79 debt claimed by the Defense Finance Accounting Service (DFAS); (2) compensating her for both pay and separation credit for the period of 1 April to 28 May 2019; (3) changing separation code to reflect medical separation; and (4) restoring pay and allowances for the period worked from 1 April to 28 May 2019. 2. The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 10 November 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. In accordance with reference (b), a second failure to select for promotion to O-4 requires mandatory separation and reference (c), states that only the Assistant Secretary of the Navy (Manpower and Reserve Affairs) has the authority to extend a member’s mandated discharge date due to Disability Evaluation System (DES) processing. c. On 7 May 2008, Petitioner was appointed an active duty commission in the U.S. Navy and signed NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office on 8 May 2008. d. On 9 October 2018, BUPERS Order 2828, Official Separation Orders were generated directing Petitioner to separate no later than 1 April 2019 as a result of twice failing to select for the next higher grade. e. On 14 December 2018, Petitioner elected to have her DES case processed through Legacy DES because of her “desire to leave active service quickly”. f. On 21 December 2018, Petitioner’s command completed Non-Medical Assessment. g. The Physical Evaluation Board (PEB) informally found Petitioner “unfit” and recommended she be separated from active duty with severance pay with a combined disability rating of 10%. Note: Findings were printed on 4 February 2019. h. On 29 April 2019, the PEB formally found Petitioner “unfit” and recommended she be separated from active duty with severance pay with a combined disability rating of 20%. i. On 2 May 2019, discharge transaction completed in Navy Standard Integrated Personnel System with an effective date of 31 March 2019. j. On 28 May 2019, the PEB notified Naval Medical Center of the termination of DES in case of Petitioner because of her failure to select for promotion and an extension was not authorized. k. On 28 May 2019, Petitioner issued DD Form 214, Certificate of Release or Discharge from Active Duty with separation date of 31 March 2019. DD Form 214, Certificate of Release or Discharge from Active Duty indicates block 6 (Reserve Obligation Termination Date) “N/A”, block 16 (Days Accrued Leave Paid) “42”, block 18 (Remarks)”Separation Payment - $86,220.99”, block 23 (Type of Separation) “RELACDU and Transferred to the Navy Reserve” and block 26 (Separation Code) “JGB”. l. On 29 May 2019, the PEB notified Chief of Naval Personnel “No Findings” shall be recorded because Petitioner was “Terminated” from DES. m. On 7 June 2019, Petitioner appointed Navy Reserve commission and accepted the appointment on 24 June 2019. Petitioner gained to the Individual Ready Reserve-Active Status Pool effective 24 June 2019. n. On 11 July 2019, Naval Surface Force, U.S. Pacific Fleet recommended approval of Petitioner’s DD Form 2789, Waiver/Remission of Indebtedness Application and favorably endorsed Petitioner’s request for assistance with retroactive separation from Assistant Secretary of the Navy (Manpower and Reserve Affairs) (ASN (M&RA)). o. On 15 August 2019, ASN (M&RA) referred Petitioner to the Board for assistance. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following partial corrective action. Petitioner provided sufficient evidence to reflect working beyond mandatory separation date of 1 April 2019 through 28 May 2019. Although the proper administrative requirements were not completed, the Board felt Petitioner’s debt should be remitted by restoring pay and allowances from 1 April 2019 through 28 May 2019, and payment for 42 days of leave. RECOMMENDATION In view of the above, the Board recommends the following corrective action: Petitioner was appointed a Navy Reserve commission on “1 April 2019” vice “7 June 2019”. Petitioner signed NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office on “1 April 2019” vice “24 June 2019”. Petitioner executed Reserve on Active Duty orders for the period of 1 April 2019 to 28 May 2019. Note: DFAS will complete an audit of Petitioner's records to determine if Petitioner is due retroactive pay and allowances. DFAS will also pay close attention to a debt of $10,218.79 that was created after Petitioner's separation, and the payment of 42 days of accrued leave that was not received. The part of the Petitioner’s request for corrective action that exceeds the foregoing is denied. The Board determined Petitioner’s PEB case was terminated because an extension was not authorized to extend mandatory separation date for DES processing in accordance with reference (c). The Board thus concluded Petitioner was separated due to failure to select not medical discharge. 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.