From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 1430 PERS 8031/0100 of 19 Mar 20 
        (3) 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 her naval record be corrected to reinstate rank acquired in the Navy Reserves prior to entering active duty. 
                                              
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, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  Petitioner enlisted in the Navy Reserve on 30 April 2014 for a term of 8-years.  NAVCRUIT 1133/52, New Accession Training (NAT) Program Enlistment Guarantee listed Intelligence Specialist (NAT/IS) with Class “A” School and Assignment to , . 
 
     b.  Petitioner advanced to IS3/E-4 effective 7 February 2016. 
 
     c.  Petitioner participated in the February 2017 (Cycle 100) Navy Wide Advancement Examination (NWAE) and was selected to IS2/E-5 with date of rank effective 16 November 2017.  Final Multiple Score (FMS) was 71.75; the Minimum Multiple Required was 57.35.   
 
     d.  On 15 July 2017 Petitioner was frocked to IS2/E-5. 
 
     e.  On 17 August 2017, Petitioner was approved for augmentation to active component (AC) in LS rating.  
 
     f.  Petitioner reenlisted in AC on 15 September 2017 for a term of 6-years in LS rating.  NAVPERS 1070/601, Immediate Reenlistment Contract was not generated in Navy Standard Integrated Personnel System and reflects Petitioner’s reenlistment Rate as “LS2” and Date of Paygrade as “7 FEB 2016”. 
 
     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 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.  The Board determined after being selected for advancement in the Reserve Component and prior to advancement the Petitioner entered the Active Component.  The Petitioner’s FMS met the new competitive category advancement minimum requirements.  Therefore, the Board concluded the Petitioner should be advanced and relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner advanced to LS2/E5 effective “16 November 2017” vice 16 December 2020 with a time in rate of “1 July 2017” vice “1 July 2020”. 
 
Note:  The change to the effective date of advancement to E-5 may also have affected Petitioner's E-6 advancement opportunity.  If Petitioner was eligible for, but did not take the E-6 NWAE because the above change had not occurred, the following procedures will apply to remediate that missed opportunity.  Petitioner should submit an exception to policy (ETP) to the Chief of Naval Operations (OPNAV N132) in accordance with BUPERSINST 1430.16G.  If all requirements are met for a missed exam and OPNAV N132 disapproves an ETP, Petitioner may reapply to this Board for consideration of advancement to E-6 retroactive to the date Petitioner would have advanced on the "missed" examination cycle(s).  Petitioner must submit a DD Form 149, with at least a copy of worksheet for the missed cycle(s), command endorsement/recommendation, disapproved ETP and a copy of this letter.  The Board will then determine whether the request for retroactive advancement will be approved.   
                                                             
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.