DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1941-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. §1552 Encl: (1) DD Form 149 w/attachments (2) NAVADMIN 014/19 of 18 Jan 19 (3) NPC memo 5420 PERS-806 of 5 Mar 19 (4) NPC memo 5420 PERS-97/036 of 14 Mar 19 (5) 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 place Petitioner in the Individual Ready Reserve (IRR) effective 1 September 2012. 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 20 July 2007, Petitioner signed a . c. On 20 August 2007, Petitioner enlisted for 8 years in the U.S. Navy. d. On 13 May 2011, Petitioner was commissioned as an Ensign (Permanent/present grade date of 27 May 2011) in the Inactive U.S. Navy Reserve with a designator code of 1375. e. On 27 May 2011, Petitioner entered active duty. f. On 31 August 2011, Petitioner was issued official new appointment orders ( ) for temporary duty under instruction in a flying status involving flying. Report NET 12 October 2011 but NLT 14 October 2011. g. On 25 September 2011, Petitioner was appointed as an Ensign (Permanent/present grade date of 27 May 2011) in the active U.S. Navy with a designator code of 1370. h. On 21 June 2012, Petitioner’s Officer Appointment Acceptance and Oath of Office (NAVPERS 1000/4) in Inactive U.S. Navy Reserve was created. i. On 29 June 2012, Petitioner was issued official separation orders (BUPERS Order: ) with a detachment date of August 2012. j. On 20 July 2012, Petitioner signed his oath of office and was appointed as an Ensign (Permanent/present grade date of 27 May 2011) in the Inactive U.S. Navy Reserve with a designator code of 1305. k. On 31 August 2012, Petitioner was Discharged and reappointed to the Navy Reserves due to reduction in force with a reserve obligated service to May 2019. l. On 8 August 2013, Petitioner was issued a DD Form 2 (Reserve) (Armed forces of the Unites States) identification card. m. On 11 February 2014, Petitioner began email correspondence with . His intention was to correct his record and pursue active duty or reserve service. n. On 29 September 2014, Petitioner signed a Ready Reserve Transfer Request Service Agreement, and it was certified by Navy recruiter. o. On 18 January 2019, NAVADMIN 014/09 (Notice of convening FY-20 Navy Reserve Officer Promotion Selection Boards Update (Corrected Copy)) was published, listing Unrestricted/Restricted Line Lieutenant Commander (11XX, 13XX) Board to convene on 15 April 2019. See enclosure (2). p. In correspondence attached as enclosures (3) and (4), 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 enclosures (3) and (4), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that upon his release from active dutyPetitioner’s Oath of Office was not returned to PERS-806 for final processing. Due to no fault of Petitioner, he was not gained into the IRR. Furthermore, Petitioner took steps to either correct his record and pursue active duty or reserve service. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s Officer Appointment Acceptance and Oath of Office (NAVPERS 1000/4) was received by cognizant authority prior to Petitioner’s separation date of 31 August 2012. Furthermore, all necessary actions were completed for Petitioner to be affiliated into the IRR effective 1 September 2012. The Certificate of Release or Discharge from Active duty (DD Form 214) executed on 31 August 2012 is modified to read block 6 (Reserve obligation termination date) “12 May 2019” vice “26 May 2019”, and block 12e (Total prior inactive service) “0 months, 0 months, and 14 days” vice “0 years, 0 months, and 0 days”. Petitioner was promoted to lieutenant junior grade (LTJG/O-2) effective 27 May 2013. Petitioner affiliated with the Navy Selected Reserve effective 29 September 2014. Note: Petitioner completed all necessary requirements to receive satisfactory years until his obligated service terminated. Petitioner was promoted to lieutenant (LT/O-3) effective 1 June 2015. Note: NPC will identify Petitioner’s reserve precedence number. Petitioner was discharged on 12 May 2019 at the end of his obligated service. Note: Insert a memorandum(s) in Petitioner's naval record that cover the periods that Fitness Report & Counseling Records would have been required between Petitioner’s release from active duty/reappointed to the Navy Reserves and his discharge from the Navy Reserves upon completion of his obligated service. 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.