From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD OF     
 
Ref:     (a) Title 10 U.S.C. § 1552 
 (b) OPNAVINST 1811.3A 
   
Encl:   (1) DD Form 149 w/enclosures  
 (2) CNPC ltr 1920 Ser 92/409 of 12 Aug 20 
 
1.  Pursuant to reference (a), Petitioner, a retired commissioned officer of the Naval Reserve, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by reinstating him to active duty.  
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 22 September 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 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, found as follows: 
 
      a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. 
 
      b.  Petitioner incurred his second failure of selection when the Fiscal Year (FY) 2020 Navy Reserve Commander Promotion Board did not recommend him for promotion.  Reference (b) requires that a Full Time Support (FTS) officer in this status retire, if eligible, or be involuntarily released from active duty, unless continued by a continuation board.     
 
      c.  Per enclosure (2), the FY 2021 FTS Lieutenant Commander Continuation Selection Board selected Petitioner for continuation on active duty to 1 January 2022.  However, Petitioner’s continuation status was not published until after his 1 June 2020 retirement date. 
 
      d.  Petitioner contends that, had the FY 2021 Lieutenant Commander Continuation Selection Board results been published prior to his 1 June 2020 retirement, he would not have retired, and instead, he would have remained on active duty. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of enclosure (2), the Board determined that Petitioner’s request warrants relief.  The Board noted that, after having twice failed selection for promotion, Petitioner was selected for continuation on active duty until 1 January 2022 by the FY 2021 FTS Lieutenant Commander Continuation Selection Board; however, the results of the continuation board were not published until after he retired on 1 June 2020.  The Board also noted that, had Petitioner been notified of his continuation status prior to his retirement, he would have remained on active duty, and not retired.  The Board thus concluded that Petitioner’s retirement shall be rescinded, and that he shall be reinstated on active duty.     
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by rescinding his 1 June 2020 retirement. 
 
Petitioner’s record be corrected to reflect that he served continuously on active duty (FTS), and that he was not retired on 1 June 2020.     
 
The Defense Finance and Accounting Service (DFAS) complete an audit of Petitioner’s records and make payment of any money that Petitioner may be entitled to. 
 
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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.