DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 7637-20 
Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 
To:  Secretary of the Navy  

Subj:  REVIEW OF NAVAL RECORD 
  
Ref:  (a) Title 10 U.S.C. § 1552 
      (b) NAVADMIN 072/20 
      (c) NAVADMIN 105/20 
      (d) NAVADMIN 144/20 
      (e) ALNAV 087/20  

Encl:  (1) DD Form 149 w/attachments 
       (2) NPC memo 1400/0429 PERS-801 of 22 Dec 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 be returned to active duty. 

2. The Board, consisting of                  , reviewed Petitioner’s allegations of error and injustice on 4 May 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. In accordance with reference (b), the selection board schedule was postponed to mitigate the spread of COVID-19 throughout the Navy. Subsequently, reference (c) was released authorizing the expanded opportunity for retention on active duty in a retired status for active duty officers with pending statutory retirements due to the effects of COVID-19. Reference (d), announced recommencement of the selection boards and revised schedule. 

b. On 4 September 1997 Petitioner was commissioned in the Navy Reserve. 

c. Petitioner served in the Navy Reserve from 4 September 1997 through 19 December 2011, and served on periods of active duty from 4 October 1997 through 31 January 2004 and 16 October 2006 through 19 December 2011. 

d. On 20 December 2011 Petitioner was commission in the U.S. Navy. 

e. On 13 April 2020 Petitioner submitted a request to be retained on active duty in a retired status, and the request was approved until 1 October 2020. 

f. On 6 July 2020 the Fiscal Year 2021 (FY21) Active Duty Navy Commander Staff Corps Selection Board convened. 

g. On 30 September 2020 Petitioner transferred to the Retired List. 

h. On 8 October 2020 the results of the FY21 Active Duty Navy Commander Staff Corps Selection Board was released and Petitioner was selected for promotion. 

i. 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, 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 that the postponement of the FY21 Active Duty Navy Commander Staff Corps Selection Board ultimately affected the time in which the results were published, thus hindering Petitioner’s ability to remain on active duty. Therefore, under these circumstances, the Board felt relief is warranted. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner’s approved request for retention on active duty in a retired status was approved until “1 November 2020” vice “1 October 2020”. Petitioner’s transfer to the Retired List effective 1 October 2020 is rescinded. ,
Note: Provided Petitioner is otherwise qualified, Petitioner be reinstated in the Navy on active-duty as a Commander/O-5 select within 90 days from the date of this letter (reference signature date), that his record reflect that he served continuously in the Navy without being retired on 1 October 2020 and that he is promoted to Commander/O-5 based on his lineal number. Furthermore, Petitioner must serve required time in grade prior to requesting retirement. Lastly, if Petitioner does not meet aforesaid requirements, Petitioner current retirement shall remain unchanged. 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. 

5/27/2021