From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO XXX-XX- USN RET 
 
Ref: (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149 w/attachments 
(2) BUPERS letter 5420 Ser B314/0355 of 9 April 2020 
 
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 return him to active duty in order for him to accept continuation orders.    
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 18 March 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 naval records, 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.  Petitioner entered service with the Navy in June 1989 and commission in November 1989.  After approximately 30 years of commissioned service, Petitioner applied for the FY20 O6 continuation board authorized by NAVADMIN 182/19.  He was eventually selected for three additional years of commissioned service by the continuation board but results were not announced until he was forced to retire from the Navy on 1 December 2019.  He was eventually released from active duty on 30 June 2020. 
 
     c.   In correspondence attached at enclosure (2), the office having cognizance over Petitioner’s request to be returned to active duty to execute his authorization to continue his active duty service determined that the evidence supports relief. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  In this regard, the Board concurred with the Advisory Opinion at enclosure (2).  Specifically, the Board determined that the preponderance of the evidence supports returning Petitioner to active duty so he may execute active duty orders based on his selection by the FY20 O6 continuation board.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by returning Petitioner to active duty so he may serve up to 33 years of commissioned service consistent with the FY20 continuation board decision. 
 
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 Regulation, 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.    
                 
3/19/2021
Deputy Director