From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  
 
Ref: (a) Title 10 U.S.C. § 1552  
(b) BCNR Docket No. 4383-17 
(c) Title 10 U.S.C. § 629 
 
Encl: (1) DD Form 149 w/enclosures 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a retired commissioned officer of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that he be reinstated on active duty as though he had served continuously and not retired on 1 January 2018. 
                                           
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 December 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 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.  The Fiscal Year (FY) 2018 Active-Duty Navy Captain Line Promotion Selection Board convened on 18 January 2017 and Petitioner failed selection.   
 
 c.  Petitioner retired on 1 January 2018. 
 
 d.  On 16 May 2018 the Board directed that Petitioner’s official military personnel file (OMPF) be corrected by removing erroneous derogatory material.  The derogatory material was available for consideration when he failed selection.  Reference (b).  
 
 e.  Petitioner was subsequently granted consideration by a FY 2018 Active Duty Navy Captain Line Special Selection Board (SSB), and was selected for promotion.  The Senate confirmed Petitioner’s nomination on 26 October 2020.  Pursuant to reference (c), if an officer on the active-duty is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher grade . . ., but before being promoted, the officer’s name shall be administratively removed from the list of officers recommended for promotion by a selection board. 
 
 f.  Enclosure (1), Petitioner requested reinstatement on the active-duty.  Petitioner contends that his decision to retire was based solely on the results of the FY 2018 Active-Duty Navy Captain Line Promotion Selection Board, and had he been selected, he would have remained on active duty.  Petitioner asserts that his selection by the FY 2018 SSB will allow him to fulfill his dream to serve as a Captain/O6, if reinstated.         
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board noted that, after Petitioner retired, and after derogatory material was removed from his OMPF, he was selected for promotion by a FY 2018 SSB.  The Board determined, however, that pursuant to reference (c), Petitioner’s name shall be administratively removed as an officer recommended for promotion by the FY 2018 SSB if he is not reinstated.  The Board thus concluded that Petitioner shall be reinstated on the active-duty prior to expiration of his promotion eligibility period. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Provided Petitioner is otherwise qualified, Petitioner be reinstated in the Navy on active-duty within 90 days from the date of this letter, and that his record reflect that he served continuously in the Navy, and was not retired on 1 January 2018. 
 
The Defense Finance and Accounting Service (DFAS) will 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. 
    
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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.