DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5735-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD form 149 w/attachments (2) BUPERS memo 1212 Ser B3/0229 of 22 Feb 19 (3) CNPC ltr 1000 Ser 97/016 of 19 Feb 19 1. Pursuant to the reference, Petitioner, a former commissioned officer in the Navy, filed enclosure (1) with this Board, requesting to be appointed, in compliance with his eight-year minimum service obligation (MSO), in the Selected Reserve (SELRES) in the grade of lieutenant (junior grade) (LTJG)/O-2. In addition, he also requested that his break in service be removed from his record. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 20 August 2019 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. On 27 May 2016, Petitioner was commissioned as an , Petitioner appeared before the Probationary Officer Continuation and Re-designation (POCR) Board. The Deputy Chief of Naval Personnel (DCNP) approved the POCR Board’s recommendation to remove Petitioner from the Active-Duty List (ADL) and re-designate him to the c. On approved Petitioner’s appointment in the Navy Reserve. d. Petitioner contends that, after he was separated from AD on 30 September 2017, he did not receive a commission in the Reserve Component (RC). Petitioner asserts that the Career Transition Office informed him that they knew he was to be commissioned in the RC, but they could not correct the error. Petitioner also alleges unfair consideration and treatment by the POCR Board, possibly because he does not have high-ranking relatives in the military while other probationary officers did, which resulted in negligent handling of his records, and he finds the decision to separate him from AD suspicious. Petitioner claims his suspicion only grew when he was not properly transitioned to the RC despite the POCR Board informing him that he would be. Petitioner contends that, due to his erroneous permanent separation, he is in violation of his eight-year military service obligation, he was not promoted to the grade of LTJG, and his record now reflects a break in service. e. An advisory opinion (AO) furnished by the Bureau of Naval Personnel (B3) noted that the POCR Board reviewed 65 officer cases, of which 23 (35%) were re-designated to the IRR. The AO also noted that Petitioner was not deemed overly competitive, and the DCNP approved the POCR Board’s recommendation to remove Petitioner from the ADL and re-designate him to the RASL in an IRR Status. The AO recommended that Petitioner be issued an Officer Appointment Acceptance and Oath of Office for the Navy Reserve in order to complete his service obligation. f. An AO furnished by the Navy Personnel Command (PERS-97) noted that, due to an administrative error, PERS-97 failed to deliver the Reserve Oath of Office to Petitioner, and recommended approval of Petitioner’s request to be issued an Officer Appointment Acceptance and Oath of Office for the Navy Reserve. The AO noted, however, that Petitioner’s request to affiliate with the SELRES as an intelligence officer cannot be granted because the POCR Board determined that he would be retained in the Navy on the RASL as a Fleet Support Officer (1105) in the IRR-Active Status Pool (IRR-ASP). The AO added that no SELRES accession quotas for the 1105 designator for the current fiscal year is available, and that no quotas were available for the previous two fiscal years were available. After Reserve affiliation, Petitioner may submit a request for a change of designator. PERS-97 opined that the effective date of Petitioner’s appointment in the Navy Reserve will be the date of his signature on the Oath of Office. Finally, PERS-97 recommended that Petitioner be promoted to the grade of LTJG, if the BCNR finds and corrects any administrative error that will result in no break in service. CONCLUSION Upon review and consideration of all the evidence of record, and in light of enclosures (2) and (3), the Board concluded that Petitioner’s request warrants partial relief. In this regard, the Board noted that the POCR Board determined that Petitioner was not deemed overly competitive, and recommended his removal from the ADL and re-designation to the RASL in an IRR status. The DCNP approved the POCR Board’s recommendation. The Board noted that the Secretary of Defense approved Petitioner’s appointment in the Navy Reserve on 7 July 2017. However, due to an administrative error, the Officer Appointment Acceptance and Oath of Office for the Navy Reserve was never delivered to Petitioner, resulting in his permanent separation instead of transfer from the ADL to the RASL Additionally, due to his permanent separation, Petitioner did not receive a time-in-grade promotion to the grade of LTJG on 27 May 2018. The Board concluded that Petitioner shall be issued the Officer Appointment Acceptance and Oath of Office for the Navy Reserve. The Board further determined that it would be unjust for the effective date of Petitioner’s appointment acceptance to be the date he signs the Oath, and concluded that the effective date shall be adjusted to 1 October 2017, the date following his separation from the ADL, and that his record be corrected to show that he served continuously in the IRR from that date forward. The Board also concluded that Petitioner, providing he is otherwise qualified, shall be promoted to the grade LTJG, effective 27 May 2018, and his lineal precedence be adjusted accordingly. The Board, however, found no evidence, and Petitioner submitted none, to substantiate his allegation of unfair consideration and treatment by the POCR Board. Further, the Board was not willing to correct Petitioner’s record to reflect that he affiliated with the SELRES as an intelligence officer or as a fleet support officer after his separation from the ADL. In this regard, the Board noted that the POCR Board determined that Petitioner would be retained in the Navy on the RASL as a Fleet Support Officer (1105) in the IRR-Active Status Pool (IRR-ASP), and that no SELRES accession quotas for the current (or previous two) fiscal years were available for the 1105 designator. After Reserve affiliation, Petitioner may submit a request for a change of designator. RECOMMENDATION In view of the above, the Board directs the following corrective action. Providing he is otherwise qualified, Petitioner be issued an Officer Appointment Acceptance and Oath of Office for the Navy Reserve, and that his appointment acceptance reflect an effective date of 1 October 2017. Petitioner’s record be corrected to reflect that he was retained in the Petitioner’s naval record be corrected to reflect his promotion to the grade of LTJG effective 27 May 2018, and his lineal precedence be adjusted accordingly. 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. Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and that no such entries or material be added to the record in the future. This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material. No further relief be granted. 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.