DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6369-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) CO, NPC ltr 1820 N32/com of 30 Aug 06 (3) CNPC (PERS-91) memo 5730 Ser 91/027 of 10 Feb 20 1. Pursuant to the provisions of the reference, Petitioner, a retired commissioned officer of the Navy Reserve, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by changing his retirement grade to captain (CAPT/O-6). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 31 March 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, 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, found that, before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 7 August 2005, Petitioner requested retirement effective 1 July 2006 and a waiver of the three-year time-in-grade requirement, to retire in the grade of CAPT/O-6 with two years’ time in grade. b. The advisory opinion (AO), enclosure (3), recommended that Petitioner’s time-in-grade waiver be approved. The AO explained that, during the processing of Petitioner’s request, time­in-grade waivers and retirement requests were processed by separate departments, and that Petitioner’s Retired Reserve letter, enclosure(2), was issued by PERS-912 without having an approved time-in-grade waiver. The AO further recommended that PERS-912 be directed to issue a corrected Authorization to Retired Pay for Non-Regular Service in the grade of CAPT/O-6 instead of commander. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action. The Board substantially concurred with the AO that Petitioner correctly requested a three-year time-in-grade waiver to retire in the grade of CAPT/O-6, but, due to an error beyond the Petitioner’s control, his waiver request was not approved before PERS-912 issued his retirement orders. The Board thus concluded that Petitioner’s time-in-grade waiver to retire in the grade of CAPT/O-6 be approved, and that PERS-912 shall issue a corrected Authorization to Retired Pay for Non-Regular Service in the grade of CAPT/O-6. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by issuing a corrected Authorization to Retired Pay for Non-Regular Service in the grade of CAPT/O-6. Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and no such entries or material be added to the record in the future. This includes, but is not limited to, all information systems/database entries that reference or discuss the material being expunged. 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.