Docket No. 2995-19  
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) 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 so the break in service is removed and if not corrected until after the next promotion board, be promoted and back dated. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 25 February 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 31 August 2018, Petitioner was discharged from active duty. 

c.  On 3 September 2018, Petitioner submitted a Transfer Request Service Agreement (NAVPERS 1200/1) to the Career Transitioning Office (CTO).  

d.  On 4 September 2018, the Scroll was approved. 

e.  On 18 September 2018, Petitioner received his Reserve Officer Appointment Acceptance and Oath of Office (NAVPERS 1000/4) 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board agreed that Petitioner was submitted onto the Scroll before his discharge and the transition with the break in service was due to no fault of his own.  The Board finds the existence of an injustice warranting the following partial corrective action. 

RECOMMENDATION 

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

Petitioner’s Reserve Officer Appointment Acceptance and Oath of Office (NAVPERS 1000/4) was issued “1 September 2018” vice 18 September 2018”.  

Petitioner's request for corrective action that exceeds the foregoing, the Board noted that Petitioner did not exhausted all available avenues to address any possible failure of selection prior to submitting his application for correction to the Board.  Petitioner is required to apply to Navy Personnel Command (PERS-80) and submit a request for a Special Selection Board (SSB). 

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.