Docket No 8616-20

 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL    
 
Ref:    (a) Title 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 5420 PERS-8 of 22 Feb 21 
        (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 her naval record be corrected to reflect transitioning from active duty to Selected Reserve (SELRES) without a break in service.   
                                              
2.  The Board, consisting of  and  reviewed Petitioner’s allegations of error and injustice on 13 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, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  Petitioner enlisted in the U.S. Navy on 31 March 2014. 
 
     b.  On 12 June 2014, Petitioner was appointed a Navy Reserve commission, accepted the Oath of Office on 18 July 2014 and entered active duty. 
 
     c.  On 30 July 2019, Deputy Chief of Naval Personnel approved Petitioner’s removal from the Active Duty List and retention on the Reserve Active Status List as an Surface Warfare Officer, Individual Ready Reserve /1115, pending all review requirements and qualifications. 
 
     d.  On 8 August 2019, Petitioner issued BUPERS Order:  2209 (Official Separation Orders) with an effective date of separation not later than 31 January 2020.  
 
     e.  Petitioner discharged on 31 January 2020 with a Reserve Obligation Termination Date of 30 March 2022.  Separation code JCC; Early Separation. 
 
     f.  On 25 September 2020, Petitioner was appointed a Navy Reserve commission and accepted the Oath of Office on 15 October 2020.  Note:  NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office is not in Petitioner official military personnel file. 
 
     g.  On 26 February 2021, Petitioner was appointed a Navy Reserve commission, an accepted the Oath of Office on 2 March 2021. 
 
     h.  Petitioner was gained to Navy Reserve Operational Support Unit 0686 in SELRES status effective 2 March 2021 with a date of rank reflecting 27 August 2019.    
 
     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, 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 due to administrative error, Petitioner was not appointed a Navy Reserve commission in a timely manner, causing a break in service. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s DD Form 214, Certificate of Release or Discharge from Active Duty dated 31 January 2020 is modified to reflect:  Block 23 (Type of Separation) “Released from Active Duty and Transferred to Navy Reserve” vice “Discharged”. 
 
NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office signed by Petitioner on 2 March 2021 is amended to reflect:  Block 19 (Permanent Grade Date) “1 August 2018” vice “27 August 2019”; Block 21 (Present Grade Date) “1 August 2018” vice “27 August 2019”; appointed a Navy Reserve commission on “1 February 2020” vice “26 February 2021”; and she signed Oath of Office on “1 February 2020” vice “2 March 2021”.  Note:  Any other Navy Reserve appointments are invalid. 
 
Petitioner affiliated with Navy Reserve Operational Support Unit 0686 in SELRES status effective “1 February 2020” vice “2 March 2021”.  Note:  Adjudicate inactive duty training periods as authorized absences from 1 February 2020 through 2 March 2021. 
                                                             
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. 
 
Sincerely,
 6/24/2021
Deputy Director