DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 1417-19 
Ref:  Signature Date  

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 

Encl: (1) DD Form 149 w/attachments 
      (2) NPC memo 5420 PERS-8 of 15 Oct 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 show Petitioner’s Officer Appointment Acceptance and Oath of Office was certified on 19 August 2018. 

2.  The Board, consisting of             , reviewed Petitioner’s allegations of error and injustice on 18 October 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 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 5 April 2018, Petitioner was issued official separation orders (BUPERS order: ). 

     c.  On 19 August 2018, Petitioner was honorably discharged from the U.S. Navy.

     d.  On 4 September 2018, Office of the Secretary of Defense approved the scroll.

     e.  On 18 September 2018, Petitioner certified his Officer Appointment Acceptance and Oath of Office in the U.S. Navy Reserve.

     f.  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 that one office within the Navy Personnel Command did not forward the list of Officers that required scrolling to the Reserve Component (RC) with sufficient time to be approved by Office of the Secretary of Defense prior to their separation date. 

RECOMMENDATION 

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

The Officer Appointment Acceptance and Oath of Office (NAVPERS 1000/4), effective 20 August 2018 was certified on “19 August 2018” vice “18 September 2018”.  
 
Note:   Due to no gap in service, Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances.  Furthermore, if Petitioner paid out of pocket for qualifying medical care during his break in service request reimbursement for his expenses.  
 
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. 


2/21/2020