DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3486-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. § 1552 (b) DoD Instruction 1310.02 (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” Encl: (1) DD Form 149 w/enclosures (2) CNPC memo 1000 Ser 97/002 of 6 Feb 20 1. Pursuant to reference (a), Petitioner, a commissioned officer of the Navy Reserve, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her record be corrected to reflect no break in service and to direct the convening of a fiscal year (FY) 2020 Navy Reserve Lieutenant Commander (Staff Corps) Special Selection Board (SSB). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 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 records, as well as applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, found as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. b. Petitioner contends that the Navy Personnel Command (NPC) did not forward her Reserve appointment scroll with sufficient time for approval by the Secretary of Defense prior to her separation from active duty, causing a break in service, until her appointment in the Navy Reserve on 23 September 2018. Petitioner also contends that the break in service also made her ineligible for consideration by the FY 2020 Navy Reserve Lieutenant Commander Staff Corps Promotion Selection Board. c. An advisory opinion (AO) at enclosure (2), furnished by the Navy Personnel Command (PERS-97), recommends Petitioner’s request be approved. The AO determined that, due to an administrative error within NPC and no fault of Petitioner, she now has a break in service between her active duty separation of 31 July 2018 and when she signed and executed her Reserve Oath of Office on 23 September 2018. The AO noted that NPC’s consistent practice has been to transition officers from active duty to the Reserve Active Status List (RASL) to ensure the continuity of service. However, in Petitioner’s case, the scroll she was drafted in February 2018, but did not get approved until 10 September 2018. In accordance with reference (b), approval authority for scrolls in this case lies with the Secretary of Defense. This policy also dictates that appointment authority cannot be further delegated, therefore an Oath of Office may not be dated prior to the scroll approval date. d. Pursuant to reference (c), the “One-Year Rule,” Petitioner was not eligible for promotion consideration by the FY 2020 Navy Reserve Lieutenant Commander (Staff Corps) Promotion Selection Board when it convened on 10 June 2019. e. 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). CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants full 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 in a timely manner, Petitioner’s appointment in the Navy Reserve was not approved prior to her separation date of 31 July 2018. Consequently, the error created an unintended date gap between her separation date and the date the Secretary of Defense approved her Reserve appointment, adversely affecting promotion consideration and affecting potential benefit eligibility. The Board thus concluded that Petitioner’s appointment acceptance date shall be adjusted to the date immediately following the date she was separated from active duty, and that her record reflects continuous service during her transition from the Active-Duty List (ADL) to the RASL. Additionally, Petitioner shall be considered by a FY 2020 Navy Reserve Lieutenant Commander (Staff Corps) SSB. Furthermore, although not requested by the Petitioner, the NPC will ensure that an audit is conducted of her record and that appropriate adjustments are made to her transfer of Post-9/11 GI Bill education benefits obligation end date, TAMP record, and drill pay, as applicable. RECOMMENDATION In view of the above, the Board recommends the following corrective action. Petitioner’s naval record be corrected by modifying her appointment acceptance date in the Navy Reserve to the date immediately following the date of her discharge from active duty, so that her record reflects continuous service from the ADL to the RASL. Note: This change authorizes the NPC to make appropriate adjustments to Petitioner’s drill pay, if applicable. Convene a FY 2020 Navy Reserve Lieutenant Commander (Staff Corps) SSB to consider Petitioner for promotion selection. Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, 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. 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 5/1/2020