DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3396-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: RECORDS OF PROCEEDINGS OF GROUP PETITION FOR NAVY RESERVE STAFF CORPS LIEUTENANTS Ref: (a) 10 U.S.C. § 1552 (b) 10 U.S.C. § 632 (c) 10 U.S.C. § 14301 (d) 10 U.S.C. § 628 (e) SECNAVINST 1402.1 (f) ASN (M&RA) memo of 28 Nov 17, “Delegation of Authority to the Board for Correction of Naval Records (BCNR) to Direct the Convening of a Special Selection Board (SSB), Supplemental All-Fully-Qualified Officers List (AFQOL), and Special AFQOL” (g) 10 U.S.C. § 1145 (h) DoD Instruction 1341.13 of 31 May 2013 Encl: (1) ASN (M&RA) ltr 1900 ASN (M&RA) of 18 Jul 18 (2) LTs w/Oath acceptance (3) LTs w/out Oath acceptance (4) LT Declined 1. Pursuant to the provisions of reference (a), the Assistant Secretary of the Navy for Manpower and Reserve Affairs, on behalf of a group of Navy lieutenants (LTs), requested, in enclosure (1), that each officer listed in enclosure (1) have their military record corrected to reflect no break in service. This correction will result in restoration of eligibility for the Fiscal Year (FY) 2019 Navy Reserve Lieutenant Commander (Staff Corps) Promotion Selection Board, TRICARE benefits, transfer of Post-9/11 GI Bill education benefits, and drill pay, as applicable. 2. The Board, consisting of reviewed the allegations 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 the LTs’ naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to the allegations of error and injustice, found as follows: a. Before applying to this Board, all administrative remedies available under existing law and regulation within the Department of the Navy were exhausted. b. The request in enclosure (1) contends that, due to an administrative error made by the Navy Personnel Command (NPC), 57 officers who failed to select on the FY 2018 Active-Duty Lieutenant Commander (Staff Corps) Promotion Selection Board were not scrolled in time for them to transition to the Reserve Active Status List (RASL) on 1 March 2018, the day following the date upon which they were required to separate under reference (b). For officers who are subject to mandatory separation under reference (b), the NPC’s consistent practice has been to transition officers from active duty to the RASL to ensure they do not incur a break in service. c. Enclosure (2) lists 52 of the 57 LTs who ultimately accepted a Reserve commission, with their corresponding discharge and oath acceptance dates. These LTs have a break in service between their respective active-duty separation date and their appointment to the RASL. d. Enclosure (3) lists four of the 57 LTs who do not have a NAVPERS 1000/4 (Officer Appointment Acceptance and Oath of Office) in their official military personnel file, indicating their declination of a Reserve commission in 2018. e. The LT identified in enclosure (4) declined appointment in the Navy Reserve. f. Pursuant to reference (c), the “One-Year Rule,” the 52 LTs listed in enclosure (2) were not eligible for promotion consideration by the FY 2019 Navy Reserve Lieutenant Commander (Staff Corps) Promotion Selection Board when it convened on 11 June 2018. g. References (d) and (e) prescribe the rules and procedures for the convening and conduct of SSBs. Reference (f) delegated the authority for the BCNR to direct the Chief of Naval Personnel to convene an SSB, provided that the BCNR fully complies with the requirements and restrictions set forth in references (d) and (e). h. Pursuant to reference (g), a member of the armed forces (and the member’s dependents) who is involuntarily separated from active duty under honorable conditions shall be entitled to receive medical and dental care. Upon the member’s separation from active duty, the Transitional Assistance Management Program (TAMP) provides 180 days of premium-free transitional health care benefits after regular TRICARE benefits end. i. Subject to the provisions contained in reference (h), the option to transfer a Service member’s unused education benefits to an eligible dependent requires an additional 4-year service obligation at the time of election. However, reference (h) provides that active-duty and Selected Reserve personnel with more than 10 years of service in the Military Services on the date of election may serve a lesser obligation if they are precluded from committing to a 4-year obligation as a result of standard policy (Service or Department of Defense) or federal statute. CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the request on behalf of the officers listed in enclosure (2) warrants full relief, and that the request on behalf of the LTs listed in enclosures (3) and (4) warrants partial relief. In this regard, the Board determined that, due to the NPC’s administrative error in not submitting a nomination scroll to the Secretary of Defense (SECDEF) in a timely manner, the appointments in the Navy Reserve of the 57 LTs listed in enclosure (1) were not approved prior to their mandatory separation date of 1 March 2018. Consequently, the error created an unintended date gap between the officers’ mandatory separation date and the date the SECDEF approved their Reserve appointments, adversely affecting the benefit eligibility and promotion consideration of some of the officers. The Board thus concluded that the appointment acceptance date of the officers listed at enclosure (2) shall be adjusted to the date immediately following the date of their separation from active duty, and that their records reflect continuous service during their transition from the Active-Duty List (ADL) to the RASL. Additionally, the officers listed at enclosure (2) shall be considered by a FY 2019 Navy Reserve Lieutenant Commander (Staff Corps) SSB. Furthermore, the NPC will ensure that an audit is conducted of the record of each of the officers listed at enclosure (2) and that appropriate adjustments are made to their transfer of Post-9/11 GI Bill education benefits obligation end date, TAMP record, and drill pay, as applicable. The Board determined that, due to the error, the LTs listed in enclosures (3) and (4) may have been ineligible for benefits to which they would have otherwise been entitled. The Board determined, however, that, due to their decision not to accept a Navy Reserve appointment, the LTs listed in enclosures (3) and (4) are not entitled to promotion consideration by a FY 2019 Navy Reserve Lieutenant Commander (Staff Corps) SSB. The Board concluded that the NPC will ensure an audit is conducted of the record of each of the officers listed at enclosures (3) and (4), and make appropriate adjustments to the their transfer of Post-9/11 GI Bill education benefits obligation end date and TAMP record, as applicable. RECOMMENDATION That LTs’ naval records be corrected, where appropriate, to show that: The records of those LTs listed at enclosure (2) be corrected by modifying their respective appointment acceptance date in the Navy Reserve to the date immediately following the date of their discharge from active duty, so their records reflect continuous service from the ADL to the RASL. Note: This change authorizes the NPC to make appropriate adjustments to the officers’ transfer of Post-9/11 GI Bill education benefits obligation end date, TAMP record, and drill pay, as applicable. Convene a FY 2019 Navy Reserve Lieutenant Commander (Staff Corps) SSB for the officers listed at enclosure (2). No conclusion, recommendation, or provision in this decision is to be interpreted as expressly or impliedly granting any other rights, privileges, or standing to any of the LTs to change, modify, or correct any additional military record that is not included in the corrected records necessary to effectuate the specific enumerated relief in this case. Any material or entries inconsistent with or relating to theBoard’s recommendation be corrected, removed, or completely expunged from the LTs’’ records, and that no such entries or material be added to the record in the future. This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material. A copy of this Report of Proceedings will be filed in each LT’s naval record. 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.