Docket No. 3174-20

Ref: Signature Date
 
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) MILPERSMAN 1070-030  
 
Encl:  (1) DD Form 149 w/attachments 
       (2) 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 her naval record be corrected to reflect NAVPERS 1000/4, Appointment Acceptance and Oath of Office signed on 4 May 2019 vice 19 July 2019. 
                                              
2.  The Board, consisting of , , and, reviewed Petitioner’s allegations of error and injustice on 8 June 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, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On 18 September 2015, Petitioner signed NAVCRUIT 1131/131, Armed Forces Health Professions Scholarship Program (AFHPSP) Medical Student Service Agreement and NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office (Inactive Duty). 
 
     b.  On 4 May 2019, Petitioner graduated with a Doctor of Medicine Degree from the University of . 
 
     c.  On 19 July 2019, Petitioner signed NAVPERS 1000/4,  Officer Appointment Acceptance and Oath of Office and entered active duty. 
 
 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner did not meet the requirements listed in the AFHPSP Service Agreement by failing the Step 2 Clinical Skills exam and delayed commissioning upon graduating on 4 May 2019.  Petitioner subsequently passed the Step 2 Clinical Skills exam and provided proof of passing on 20 June 2019.  The Board found that Petitioner was issued a NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office on 1 July 2019 and accepted the appointment on 2 July 2019 but it was not processed in accordance with reference (b); therefore, under these circumstances, partial 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 (Active Duty) was signed and witnessed on “2 July 2019” vice “19 July 2019”.   
 
Petitioner’s Active Duty Service Date is “2 July 2019” vice “19 July 2019”. 
 
Defense Finance and Accounting Service will complete an audit of Petitioner’s records to determine if Petitioner is due retroactive pay and allowances. 
 
The part of Petitioner’s request for corrective action that exceeds the foregoing is denied.  Petitioner was not eligible for an appointment until providing proof of passing the Step 2 Clinical Skills exam. 
 
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. 


7/21/21


Deputy Director