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) MILPERSMAN 1430-010 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 1430 PERS 8031/278 of 18 Sep 20 
        (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 Time in Rate (TIR) as 1 July 2018 and back pay from 20 April 2018 through 15 June 2019. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 22 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, 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), accelerated advancement will be held in abeyance for 4 to 10 months from report date to ultimate duty station. The candidate’s CO may effect the advancement on any date after a minimum observation period of 4-months; however, the advancement must be effected within 10-months of reporting.   
 
     b.  On 18 April 2018, Petitioner signed NAVPERS 1070/613, Administrative Remarks “agreeing to accept accelerated advancement to MMW3 when eligible” and acknowledged the requirement to complete 6-years of active service.   
 
     c.  On 19 April 2018, Petitioner signed NAVPERS 1070/601, Agreement to Extend Enlistment for a term of 12-months; 24 aggregate months. 

     d.  On 20 April 2018, Petitioner completed Submarine MM “A” School. 
 
     e.  Petitioner reported to USS  for duty on 5 May 2018. 
 
     f  Petitioner completed Petty Officer Indoctrination Course on 7 September 2018. 
 
     g.  On 5 October 2018, Petitioner submitted NAVPERS 1336/3, Special Request/Authorization; it was approved on 2 November 2018. 
 
     h.  On 16 June 2019, Petitioner advanced to MMW3/E-4 effective 16 June 2019 with TIR date of 1 January 2019 via Navy Wide Advancement Examination (NWAE). 
 
     i  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 corrective action.  Petitioner met the eligibility criteria for accelerated advancement in accordance with reference (b).  Commanding Officer, USS  () approved Petitioner’s NAVPERS 1336/3, Special Request/Authorization on 2 November 2018 and therefore, partial relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner advanced to MMW3/E-4 effective 2 November 2018 vice 16 June 2019.  TIR is 1 July 2018 vice 1 January 2019. 
 
The part of the Petitioner’s request for corrective action that exceeds the foregoing is denied.  Petitioner’s Commanding Officer approved accelerated advancement on 2 November 2018 and there is no record of an approval prior to that date, thereby rendering Petitioner in eligible for advancement effective 20 April 2018. 
 
Note:  The change to the effective date of advancement to E-4 may have affected Petitioner's E-5 advancement opportunity.  If Petitioner was eligible for, but did not take the E-5 examination because the above change had not yet been made, the following procedures will apply to remediate that missed opportunity.  Petitioner may reapply to this Board for consideration of retroactive advancement to E-5.   Petitioner should submit a DD Form 149, with a copy of this letter, command endorsement/recommendation, a copy of the advancement in rate or change of rating worksheet (NETPDC 1430/3) for the cycle(s) missed, and all supporting documentation in accordance with the respective NAVADMIN for adjudication from this Board. 
                                                             
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.