Docket No 2116-20	

 
From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) OPNAVINST 1120.11A 
       (c) PA 211 
       (d) SECNAVINST 1420.3 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) NPC memo of 17 Apr 21 
       (3) 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 his naval record reflect corrected date of rank (DOR) for Lieutenant Junior Grade (LTJG)/O-2 effective 20 September 2018 and promotion to Lieutenant (LT)/O-3 effective 1 September 2020. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 25 May 2021 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, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  Petitioner served in the U.S. Navy from 14 December 1993 through 24 November 1998; released from active duty and transferred to the Navy Reserve with 4-years, 11-months and 11-days of active duty service. 
 
     b.  On 16 August 2001, Petitioner was honorably discharged. 
 
     c.  In 2005, Petitioner was awarded a Juris Doctoral Degree from University. 
 
     d.  On 25 September 2019, Petitioner was commissioned and signed the JAG Corps Service Agreement Direct Commissioning Officer Program as a LTJG/O-2 with 2-years entry grade credit (EGC).  
 
     e.  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. 
 
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 to receive 3-years of EGC in accordance with references (b) and (c) and may now be eligible for promotion to LT/O-3 based on time-in-grade.  Therefore, the Board determined correction to Petitioner’s current DOR is warranted and that a Special Selection Board (SSB) is required to identify his eligibility to be placed on the All Fully Qualified Officer List for promotion to LT/O-3 per reference (d).   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office signed 25 September 2019 is amended to reflect, Block 19 (Permanent Grade Date) and Block 21 (Present Grade Date) “20 September 2018” vice “20 September 2019”.  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine retroactive pay and allowance entitlements. 
 
A Fiscal Year 2021 Navy Reserve Lieutenant All Fully Qualified Officer List Special Selection Board is directed to consider Petitioner for appointment to LT/O-3.   
                                                             
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. 
 
6/29/2021
Deputy Director