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 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 1070 PERS-00J of 27 May 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 apply constructive service credit, adjust Date of Rank (DOR) to 31 October 2017 and authorize a Special Selection Board for consideration of promotion to Lieutenant. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 5 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, 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 23 October 2018, Petitioner was appointed a Navy Reserve commission in the grade of LTJG with a DOR of 22 October 2018. 
 
     b.  On 31 October 2018, Petitioner signed NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office accepting the appointment.  
 
     c.  Petitioner promoted to Lieutenant effective 1 November 2020. 
 
     d.  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.  The Board concluded the Petitioner was not provided appropriate constructive service credit upon entry into Navy Reserve Law Program.  This credit error resulted in Petitioner’s DOR being incorrect and failure to be considered by the Fiscal Year 2019 (FY19) Reserve Lieutenant Selection Board.  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 is amended to reflect:  block 19 (Permanent Grade Date) “2017-10-31” vice “2018-10-22” and block 21 (Present Grade Date) “2017-10-31” vice “2018-10-22”. 
 
A Special Selection Board for the FY 2019 Reserve Lieutenant Selection Board shall be convened. 
                                                             
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.