DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1534-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. §1552 Encl: (1) DD Form 149 w/attachments (2) NPC ltr BUPERS-072 of 2 Jul 19 (3) CNRC ltr 1131 Ser N313/034 of 1 Aug 19 (4) 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 the 6 August 2018 separation date be removed from the Certificate of Release or Discharge from Active Duty (DD Form 214); restore 76 days of leave that was accrued as of 6 August 2018; remain under High-3 retirement system; and receive back pay and leave from 6 August 2018 to 18 December 2018. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 14 April 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 23 February 2016, Petitioner entered into a Officer Candidate (NUPOC) program service agreement. c. On 6 August 2018, Petitioner was discharged due to failed medical/physical procurement standards. d. On 18 December 2018, entered into a program service agreement after receiving a physical standards waiver. e. On 12 April 2019, Petitioner was commissioned. f. In correspondence attached as enclosures (2) and (3), 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) and (3), the Board concluded that Petitioner was erroneously discharged on 6 August 2018 after being found fully medically qualified previously. As such, Petitioner’s naval record shall reflect no break in service. The Board also concluded that Petitioner is currently in HIGH 3 effective the date of initial enlistment 16 February 2016. The Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s DD Form 214 issued 6 August 2018 is null and void. Note: Petitioner was enlisted in the Navy Reserve from 23 February 2016 till the day prior to commissioning (no break in service); 11 April 2019. Petitioner’s leave sold and leave lost on 6 August 2018 is reinstated to Petitioner’s leave account and pay account checked as applicable for leave sold. Note: Petitioner is entitled to Basic Allowance of Housing Single from 7 August 2018 through 17 December 2018 for zip code Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 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.