Docket No. 2523-20  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


Ref:  (a) Title 10 U.S.C. §1552 
      (b) BUPERSINST 1430.16g 

Encl: (1) DD Form 149 w/attachments 
      (2) 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 the effective date of advancement to OS3/E4 effective May 2019 and advancement to OS2/E5 and back pay. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 April 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, 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.  In September 2018, Petitioner participated in the Cycle 240 Navy Wide Advancement Examination (NWAE) and was selected for advancement to OS3. 

c.  On 29 December 2018, Petitioner’s command issued a withholding message due to the 2018 Cycle 2 Physical Fitness Assessment failure. 

d.  On 10 May 2019, Petitioner’s command issued a frocking letter to the rank of OS3/E4. 

e.  In September 2019, Petitioner participated in the September 2019 Cycle 244 NWAE and was listed as a discrepancy. 

f.  On 28 February 2020, the Chief of Naval Operations (OPNAV N132) notified command that the request for an exception to policy (ETP) exceeded the ETP plus six months’ timeline allowed and have to go to BCNR.  

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board agreed that Petitioner passed the 2019 Cycle 1 PFA and became eligible to receive his advancement recommendation.  The Board agreed that since the Commanding Officer issued Petitioner a frocking letter after passing the 2019 Cycle 1 PFA, it was the intent of the CO to recall and/or remove the withhold message; which they failed to do.  The Board agreed that if the command had completed this, Petitioner would have been advanced to OS3/E4 and would have been eligible to participate in the September 2019 Cycle 244 NWAE and would have advanced to OS2/E5.  The Board finds the existence of an injustice warranting the following partial corrective action. 

RECOMMENDATION 
That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner’s command submitted an email to the Navy Enlisted Training Professional Development Command (NETPDC); courtesy copied Navy Personnel Command (PERS-803) notifying them that the advancement from Cycle 240 is no longer being withheld and request the advancement be effected. 

The Commands request for the advancement to be effected was approved by cognizant authority effective 10 May 2019. 

Petitioner’s September 2018 Cycle 240 was validated and the Final Multiple Score (FMS) on the Examination Profile Information and Exam Status sheet for Cycle 240 was 95.20.  Note: the Minimum Multiple Required was 20.00. 

Petitioner was advanced to OS3/E4 with an effective date of 16 June 2019 with a Time in Rate (TIR) date of 1 January 2019.    

Petitioner’s September 2019 Cycle 244 was validated and the FMS on the Examination Profile Information and Exam Status sheet for Cycle 244 was 76.39.  
Note: the Minimum Multiple Required was 20.00. 

Petitioner was selected for advancement to OS2/E5 with an effective date of 16 June 2020 with a Time in Rate (TIR) date of 1 January 2020. 

In so far as Petitioner's request for corrective action that exceeds the foregoing, the Board did not agree that Petitioner should be advanced to OS3/E-4 effective 16 May 2019 due to not meeting the minimum multiple required for advancement for the month of May 2019.      

Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.