Docket No. 6002-20
Ref: Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER  , USN,   XXX-XX 
 
Ref:    (a) Title 10 U.S.C. § 1552 
        (b) MILPERSMAN 1131-040 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NAVPERS ltr 5730 Ser 91/021 of 28 Oct 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 establish Petitioner’s status in the Individual Ready Reserve (IRR) upon transfer effective 30 March 2012.   
                                              
2.  The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 1 April 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 5 November 2010 Petitioner Pay Entry Base Date established in the rank of Ensign O1.  No Officer Appointment Acceptance and Oath of Office (NAVPERS 1000/4) located in Petitioner’s Official Military Personnel File (OMPF). 
 
     b.  On 3 December 2010 Petitioner joined for temporary duty under instruction (TEMDU) Student . 
 
     c.  On 24 April 2011 Petitioner joined for Duty Under Instruction (DUINS) Student  . 
 
     d.  On 12 March 2012 Petitioner’s records indicate appointment scrolled and authenticated for Inactive duty in the U. S. Naval Reserve.  Null and Void Date is 1 May 2012. 

     e.  On 30 March 2012 Petitioner released from active duty and transferred to Navy Reserve according with DD Form 214 issued.  Petitioner subject to active duty recall.  Petitioner provides copy of Reserve Identification Card issued upon being released from active duty. 
 
     f.  On 5 March 2021 BCNR examiner receives Petitioner’s signed NAVPERS 1000/4 from NAVPERS 806 representative.  Examiner forwards this Petitioner’s NAVPERS 1000/4 to NAVPERS 912 representative. 
 
     g.  On 26 March 2021, NAVPERS 912 representative notifies BCNR examiner that Oath of office was sent to Petitioner in 2012 and that it was never signed and returned to NAVPERS 911.  Representative further states the signed Oath presented was recently signed by Navy personnel that was not assigned to the Career Transition Office in 2012.  Therefore, the Oath was back dated, which is fraudulent and will not be accepted. 
 
     h.  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 additional documentation is needed in order to credit the service time that is being requested.  A Reserve Oath of Office will be needed that reflects the Petitioner’s affiliation into the Individual Ready Reserve. 
                                
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 official separation documents directed release from active duty and transfer to the Naval Reserve with a Military Service Obligation (MSO)  
4 November 2018. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner certified NAVPERS 1000/4 and sworn by appropriate witnessing officer prior to release from active duty.   
 
Petitioner was joined to the Individual Ready Reserve (IRR) effective the day after his release from active duty to complete MSO ending 4 November 2018. 
 
Petitioner was appointed to Lieutenant Junior Grade (O2), USNR, Inactive duty, effective  
5 November 2012 after serving the required 24 months for automatic appointment.  
 
Petitioner was discharged from Naval Reserve Service effective 4 November 2018. 
             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
No further action. 

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.