Docket No. 10088-19  
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 

Encl: (1) DD Form 149 w/attachments 
      (2) NAVPERS memo 5420 PERS-806 of 30 Dec 19 
      (3) Subject’s naval record 

1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to adjust Swear in Date on his NAVPERS 1000/4 from August 9, 2018 to September 22, 2018. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on May 21, 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 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, finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b.  On April 17, 2012 Petitioner is sworn into commissioned service with the Department of Health and Human Services, Commissioned Corps of the U.S. Public Health Service. 

c.  On August 9, 2018 Petitioner’s NAVPERS 1000/4 permanent appointment in the U.S. Navy, active duty is complete.  Petitioner’s oath of office sworn in and certified effective this date. 

d.  On August 10, 2018 Petitioner issued BUPERS Order 2238 (Official New Appointment Orders). 

e.  On September 21, 2018 Petitioner’s BUPERS Order 2238 stamped “Received” by RTC Officer of the Day. 

f.  
On September 21, 2018 Petitioner is separated from active service with U.S. Public Health Service as a Commissioned Officer.  Dates of active service indicated on PHS-1867 (Equivalent to DD Form 214) are from May 12, 2012 through September 21, 2018. 

g.  On September 22, 2018 Petitioner reports to Recruit Training Command, Great Lakes for duty. 

h.  Petitioner’s U.S. Navy Statement of Service report created on October 30, 2018 reflects U.S. Navy Reserve Officer Inactive date as August 9, 2018 through September 20, 2018.  U.S. Navy Officer Active date effective September 21, 2018 and Date Gained Active Duty effective September 21, 2018. 

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 determined the Petitioner was an active commissioned officer with the U.S. Department of Health and Human Services, Commissioned Corps of the United States Public Health Service (USPHS) from May 12, 2012 through September 21, 2018.  The Board 
concluded the Petitioner’s Date Gained Active Duty (DGAD) byU.S. Navyis effective September 22, 2018. 

RECOMMENDATION 

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

Petitioner’s Swear in Date on his NAVPERS 1000/4 is September 22, 2018 vice August 9, 2018. 

Petitioner’s date gained active duty (DGAD) date is September 22, 2018 vice September 21, 2018. 

Note:  Petitioner’s U.S. Navy Statement of Service requires adjustment to reflect appropriate commissioned service with the USPHS and Department of the Navy. 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  It is certified that 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.