From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 5420 PERS-8 of 8 Apr 20  
 (3) NPC memo 1400/099 PERS-801 of 4 Dec 20 
(4) NPC ltr 1000 Ser 97/001 of 22 Jan 20 
        (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 amend date of Navy Reserve affiliation to 1 July 2018, reimburse TRICARE premiums, correct date of permanent promotion to Lieutenant Commander (LCDR)/O-4 and back pay. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 20 October 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, found that, before applying to this Board, she 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 September 2017, All Navy message 058/17 promulgated the Fiscal Year 2018 Active Duty Navy LCDR Line Selections; Petitioner was selected for LCDR/O-4 Engineering Duty Officer. 
 
     b.  On 29 June 2018, Petitioner signed NAVPERS 1200/1, Ready Reserve Transfer Request Service Agreement; it was approved on 11 September 2018. 
 
     c.  On 30 June 2018, Petitioner resigned her active duty commission. 

     d.  On 11 September 2018, Petitioner was appointed a Navy Reserve commission, signed NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office and affiliated with the Navy Reserve in a Selected Reserve status. 
 
     e.  In correspondence attached as enclosures (2) through (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 (2) through (4), the Board finds the existence of an injustice warranting the following corrective action.  As result of administrative error, Petitioner was not appointed a Navy Reserve commission in a timely manner, causing a break in service from the time of she left active duty to the time she was able to affiliate with the Navy Reserve.   Although the proper administrative requirements were not completed, the Board felt that under these circumstances, partial relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was appointed a Navy Reserve commission on “1 July 2018” vice “11 September 2018”.  
 
Petitioner signed NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office on “1 July 2018” vice “11 September 2018”.  
 
Petitioner affiliated with the Navy Reserve in a Selected Reserve status effective “1 July 2018” vice “11 September 2018”. 
 
Petitioner was promoted to LCDR/O-4 effective 1 July 2018.   
 
Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine if Petitioner is eligible for retroactive pay and allowances. 
 
The part of the Petitioner’s request for corrective action that exceeds the foregoing is denied. The Board does not have the authority to direct reimbursements from TRICARE.  However, Petitioner is directed to contact Ms.  at @navy.mil for assistance with having Transitional Assistance Management Program eligibility start date corrected to 1 July 2018.   
 
A copy of this Report of Proceedings will be filed in Petitioner’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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.