DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7478-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) Officer Accessions and Promotions Branch (PERS-806) ltr 5420 of 19 Sep 18 1. Pursuant to the provisions of the reference, Petitioner, a commissioned officer of the Navy, filed enclosure (1) with this Board, requesting modification of his commissioning date from 17 September 2018 to 1 September 2018, in addition to back pay and allowances. 2. The Board, consisting of , , and , reviewed Petitioner’s allegations of error and injustice on 24 September 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, as well as the enclosed 19 September 2018 advisory opinion (AO) furnished by the Navy Officer Accessions and Promotions Branch (PERS-806). 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds 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 contends that he was selected as an alternate on the Fiscal Year (FY) 2018 chief warrant officer selection board. On 10 March 2017, he was notified of his selection and given a commissioning date of 1 September 2018. Moreover, he asserts that the Navy Personnel Command failed to submit the scroll request in a timely manner, resulting in the delay of his commissioning date. c. The office having cognizance over Navy officer accessions and promotions, PERS-806, submitted enclosure (2), advising the Board that, due to no fault of his own, Petitioner’s oath of office was not available for his signature on 1 September 2018. CONCLUSION: Upon review and consideration of all the evidence of record, and in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting corrective action. The Board substantially concurred with the AO. In this regard, Petitioner’s oath of office was not available for him to sign on 1 September 2018, due to no fault of his own. The Board thus concluded that Petitioner’s record shall be corrected by modifying his commissioning date from 17 September 2018 to 1 September 2018, and that his pay record shall be adjusted accordingly. RECOMMENDATION: In view of the above, the BCNR directs the following corrective action. Petitioner’s naval record be corrected by modifying his commissioning date from 17 September 2018 to 1 September 2018. Petitioner’s naval record be corrected by modifying his pay record to reflect a credit for the difference in pay from 1 September 2018 to 17 September 2018. 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/database entries that reference or discuss the material being expunged. 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.