From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO     
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) OPNAVINST 1120.11A 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC ltr 1070 PERS-00J of 7 Apr 20 
        (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 be corrected to reflect accurate time in grade (TIG). 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 8 December 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, 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 19 June 2009, Petitioner enlisted in the Navy Reserve. 
 
     b.  On 8 May 2014, Petitioner was conferred a Juris Doctor Degree from The University of Law School. 
 
     c.  Petitioner was mobilized in support of Operation Enduring Freedom from 26 August 2014 through 3 January 2016. 
 
     d.  On 23 September 2019, Petitioner was commissioned in the Navy Reserve in the grade of  Lieutenant Junior Grade/O-2 with a date of rank of 20 September 2019. 
 
     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 was eligible for three years of entry grade credit in accordance with reference (b).  Additionally, the Board concluded Petitioner would have been eligible for promotion to Lieutenant/O-3 two years later.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 
 
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 dated 23 September 2019 is amended to reflect:  Block 19 (Permanent Grade Date) and Block 21 (Present Grade Date) “20 September 2018” vice “20 September 2019”. 
 
Petitioner was eligible for and promoted to Lieutenant/O-3 effective 20 September 2020. 
 
Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine retroactive pay and allowance entitlements.   
                                                             
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.