Ref: Signature Date
Docket No. 8876-19

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO  , USN,  
   
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) MILPERSMAN 1810-081  
 
Encl:  (1) DD Form 149 w/attachments 
       (2) OCNO memo 7220 Ser N130/20U0011 of 7 Jan 20 
       (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 8 September 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, found that, before applying to this Board, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
    a.  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. 
 
    b.  Petitioner’s Pay Entry Base Date is 20 June 2007. 
 
    c.  Petitioner enrolled into the Blended Retirement System on 3 January 2018. 
 
    d.  Petitioner’s last day eligible to elect CP was 19 June 2019. 
 
    e.  Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 
24 September 2019 for a term of 4-years. 
 
    f.  On 24 April 2020, Petitioner signed “Continuation Pay ICO OS1” NAVPERS 1070/613, Administrative Remarks electing CP and lump sum payment. 
 
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, failed to make the election in accordance with reference (b) prior to passing 12 years of service.  The Board found that had Petitioner received clear and timely guidance on making an election to receive CP, she would have followed the proper procedures prior to going over 12 years of service.  Although the Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, a 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 3 January 2018 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 20 June 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 retroactive pay entitlement. 
                                                             
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.