Docket No. 9198-19
Ref:   Signature Date
  
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  , USNR,  
  
Ref:   (a) Title 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC ltr 1000 PERS-97 of 15 Oct 2020 
        (3) 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 reflect affiliation with the Navy Reserve in a Selected Reserve status effective 1 April 2018. 
                                              
2.  The Board, consisting of,    reviewed Petitioner’s allegations of error and injustice on 5 November 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, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On 16 February 2018, Petitioner submitted NAVPERS 1200/1, Ready Reserve Transfer Request Service Agreement. 
 
     b.  On 31 March 2018, Petitioner resigned his active duty commission.   
 
     c.  On 1 May 2018, Petitioner was appointed a Navy Reserve commission, signed NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office and was assigned to the Individual Ready Reserve (IRR). 
 
     d.  On 9 May 2018, Petitioner’s NAVPERS 1200/1, Ready Reserve Transfer Request Service Agreement was denied and Navy Personnel Command (PERS-911) issued a denial letter. 
 
     e.  Petitioner reported to  on Active Duty for Special Works orders from 22 June 2018 through 22 August 2020. 
 
     f.  Petitioner reported to Navy Recruiting Region  under the Canvasser Recruiting program effective 24 August 2020. 
 
     g.  In correspondence attached as enclosure (2), 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 partial favorable action.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following partial corrective action.  As result of administrative error, Petitioner was not appointed a Navy Reserve commission in a timely manner, causing a break in service.  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 April 2018” vice “1 May 2018”. 
 
Petitioner signed NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office on  
“1 April 2018” vice “1 May 2018”.  
 
Petitioner was transferred to the IRR effective “1 April 2018” vice “1 May 2018”. 
 
The part of the Petitioner’s request for corrective action that exceeds the foregoing is denied.  A review of Petitioner’s record does not reflect evidence of Petitioner being guaranteed affiliation with the Navy Reserve in a Selected Reserve. 
 
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.