From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USNR, XXX-XX- Ref: (a) Title 10 U.S.C. §1552 (b) NAVADMIN 207/17 Encl: (1) DD Form 149 w/attachments (2) History of Assignment (3) Member Data Summary (4) NETPDC (N321) email of 25 Aug 20 (5) Exam Profile Data - Feb 18 (Cycle 102) (6) Exam Profile Data – Feb 19 (Cycle 104) (7) Exam Profile Date - Aug 19 (Cycle 105) (8) NPC memo 1430 PERS-8031/0093 of 6 Mar 20 (9) NR memo 5216 Ser N1/ of 12 Jun 20 (10) NAVPERS 1070/613 dtd 20 Jun 20 (11) PERS-8031 email of 25 Aug 20 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 have Time in Rate (TIR) backdated to original advancement date from February 2018 (Cycle 102) Navy Wide Advancement Examination (NWAE) to include all pay and allowances. 2. The Board reviewed Petitioner’s allegations of error and injustice on 27 August 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 enclosures (1) through (11), 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, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Reference (b) was published providing the guidance for administration of Cycle 102 NWAE for advancement in rate for Selected Reserve (SELRES) personnel. Candidates in a rating requiring a security clearance must have a favorable investigation adjudication issued by the Department of Defense Personnel Adjudication System (JPAS) prior to 1 February 2018. c. Petitioner was assigned to Navy Reserve (NR) Operational Support Unit (RUIC: ) in a SELRES status on 2 June 2011. See enclosure (2). d. Petitioner’s record reflects security investigation date of 18 August 2017. See enclosure (3). e. On 17 May 2018, Petitioner’s February 2018 (Cycle 102) AZ1/E-6 NWAE was BUPERS invalidated for security clearance issue. Navy Education and Training Professional Development Center (NETPDC) received no command correspondence for Cycle 102. See enclosures (4) and (5). f. On 26 March 2019, Petitioner’s February 2019 (Cycle 104) HT1/E-6 NWAE was BUPERS invalidated. NETPDC received no command correspondence for Cycle 104. See enclosures (4) and (6). g. Petitioner’s record reflects security clearance date of 27 December 2019. See enclosure (3). h. Petitioner advanced to HT1/E-6 effective 16 January 2020. See enclosures (3) and (7). i. On 6 March 2020, Navy Personnel Command (PERS-803) provided an unfavorable advisory opinion to enclosure (1). PERS-803 recommended disapproval of relief based on insufficient evidence reflecting Petitioner’s clearance prior to the NWAE Cycle 102 and Cycle 104. See enclosure (8). j. In response to the unfavorable advisory opinion outlined in enclosure (8), NR Assault Craft Unit () (RUIC: ) indicates Petitioner’s secret clearance was validated prior to and at the time of the February 2018 (Cycle 102) NWAE with Navy Operational Support Center Security Manager. See enclosure (9). k. On 20 June 2020, Navy Operational Support Center issued Petitioner “Security Clearance” NAVPERS 1070/613, Administrative Remarks indicating Tier 5 (T5R) investigation closed with sensitive compartmented information (SCI) eligibility on 18 August 2017. See enclosure (10). l. On 25 August 2020, PERS-8031 responded to enclosure (9) indicating NR letter still lacked required information regarding Petitioner’s clearance. See enclosure (11). CONCLUSION Upon review and consideration of all the evidence of record, the Board members found Petitioner’s request warrants favorable corrective action. The Board determined sufficient information was provided to conclude Petitioner met the minimum final multiple score (FMS) for the February 2018 (Cycle 102) NWAE advancement to E6. The Petitioner’s security clearance was removed due to administrative error and no fault of Petitioner or Service. The Board concluded due to the circumstances surrounding the Petitioner’s security clearance relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner granted exception to policy. Petitioner advanced to AZ1/E-6 effective 16 October 2018 with a TIR date of 1 July 2018 from the February 2018 (Cycle 102) NWAE. Petitioner’s FMS is “174.34”. Minimum multiple required score was “165.78”. Note: Defense Finance and Accounting Service will complete an audit of Petitioner pay records to determine retroactive pay entitlement. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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. The foregoing action of the Board is submitted for your review and action. 10/13/2020 X Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Board Recommendation (Grant Relief) 11/7/2020 Assistant General Counsel (M&RA) Signed by: