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 
 (b) BUPERSINST 1430.16F 
 
Encl:   (1) DD Form 149 w/attachments 
            (2) NPC memo 1430 PERS 8031/0049 of 29 Jan 20 
 (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to change rank from E2 to E3 and reentry code from RE-4 to RE-1. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 12 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.  In accordance with reference (b), Commanding Officers/Officers in Charge have the authority to reinstate members to E2 or E3 (one paygrade only) anytime after reduction in rate, without referral to higher authority.   
 
     b.  Petitioner’s Active Duty Service Date was 6 March 2012. 
 
     c.  On 24 July 2014, Petitioner awarded reduction in rate to paygrade E2 at Commanding Officer’s Non-judicial Punishment (NJP). 
 
     d.  On 15 July 2015, Petitioner’s Periodic evaluation indicates Block 2 (Rate) OSSN, Block 45 (Promotion Recommendation) Promotable and Block 47 (Retention) Recommended.   

     e.  On 5 March 2016, Petitioner’s Detachment of Individual evaluation indicates Block (Rate) OSSN, Block 45 (Promotion Recommendation) Promotable and Block 47 (Retention) Not Recommended.   
 
     f.  On 5 March 2016, Petitioner released from active duty and transferred to the Navy Reserve to complete military service obligation with 4-years of active duty service.  DD Form 214, Certificate of Release or Discharge from Active Duty reflects Block 4a (Grade, Rate or Rank) OSSA, Block 4b (Pay Grade) E2, Block 12i (Effective Date of Pay Grade) 2014 07 24 and Block 27 (Reentry Code) RE-4. 
 
     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 no opinion could be provided due to lack of key supporting documentation.  The Board considered the Petitioner’s case without opinion. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  The Board determined Petitioner’s record contained no adverse material or mandatory NAVPERS 1070/613, Administrative Remarks subsequent to NJP on 24 July 2014. However, Petitioner’s separation evaluation reflects that he was not recommended for retention; therefore, the Board felt under these circumstances, partial relief is warranted.     
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner reinstated to OSSN/E3 effective 16 July 2015 with a time in rate date of 1 July 2015.   
 
Petitioner’s DD Form 214, Certificate of Release or Discharge from Active Duty is amended to reflect:  Block 4a (Grade, Rate or Rank) “OSSN” vice “OSSA”, Block 4b (Pay Grade) “E3” vice “E2”, and Block 12i (Effective Date of Pay Grade) 2015 0716.   
 
Petitioner’s NAVPERS 1070/615, Record of Discharge from the U.S. Navy Reserve (Inactive) dated 13 August 2019 is modified to reflect Rate as “OSSN” vice “OSSA”. 
 
Note: Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine if Petitioner is entitled to retroactive pay and allowances. 
 
The part of the Petitioner’s request for corrective action that exceeds the foregoing is denied.  Petitioner’s Detachment of Individual Report evaluation indicates he was not recommended for retention, thereby, ineligible for reenlistment. 
                                                             
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.