DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO CDR Ref: (a) Title 10 U.S.C. § 1552 (b) DoDFMR, Vol 7A Encl: (1) DD Form 149 w/attachments (2) NPC memo of 20 Jul 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 accession from the Reserve Active Status List to the Active Duty List effective 1 May 2019. 2. The Board, consisting of Mr. Ms. and Mr. reviewed Petitioner’s allegations of error and injustice on 17 August 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. On 8 May 1999, Petitioner was commissioned in the Navy Reserve. b. On 1 June 2006, Petitioner affiliated with the active duty component. c. On 31 July 2014, Petitioner was released from active duty and transferred to the Navy Reserve. d. On 29 November 2017, Petitioner issued BUPERS Mobilization Order: 3337; executed mobilization on 30 April 2018. e. On 19 October 2018, Petitioner’s request for recall to active duty was approved by BUPERS-3. f. On 29 April 2019, Petitioner’s active duty scroll was confirmed by the Senate. g. On 2 May 2019, Petitioner signed NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office. h. On 7 May 2019, Petitioner demobilized and transferred to the Navy Reserve. i. On 16 May 2019, Petitioner was issued BUPERS Order: 1369 (Official Change Duty Orders). j. On 19 June 2019, Petitioner was issued BUPERS Order: 1369 (Official Modification to Change Duty Orders). k. On 20 June 2019, Petitioner was issued BUPERS Order: 1369 (Official Cancellation of Orders). l. On 24 June 2019, Petitioner was issued BUPERS Order: 1759 (Official New Appointment Orders). m. On 29 June 2019, Petitioner’s household goods (HHG’s) were packed up. n. On 31 June 2019, Petitioner’s HHG’s were picked up. o. On 4 July 2019, Petitioner entered active duty and reported to . p. On 22 October 2019, Petitioner’s HHG’s were delivered. q. 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 recognized Petitioner erroneously continued to receive pay and allowances from 7 May 2019 through 3 July 2019 while in a Reserve status due to no fault of his own. Additionally, the Board determined Petitioner was mistakenly issued BUPERS Order: 1369 vice BUPERS Order: 1759, causing a delay in reporting to . However, the Board concluded the earliest Petitioner was issued orders was on 16 May 2019; therefore, under these circumstances, partial relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was issued BUPERS Order: 1759 (Official New Appointment Orders) on “16 May 2019” vice “24 June 2019.” Petitioner was gained to active duty on “16 May 2019” vice “4 July 2019” from BUPERS Order: 1759 (Official New Appointment Orders). Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine if he is due back pay and allowances. The part of Petitioner’s request for corrective action that exceeds the foregoing is denied. The Board found correcting the original type of orders issued on 16 May 2019 mitigates the error but did not concur with back dating to 2 May 2019. 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. 9/28/2021 Deputy Director