Docket No. 35-20  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD 


Ref:  (a) Title 10 U.S.C. §1552 

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 add four awards points to the March 2017 E-5 Cycle 235 Navy Wide Advancement Examination (NWAE) and be advanced to IS2/E-5. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 19 May 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 March 2017, Petitioner participated in the Cycle 235 NWAE and passed but not advanced. 


CONCLUSION 

Upon review and consideration of all the evidence of record, the Board found that both the performance mark average (PMA) and awards points were in error. The Board agreed that if corrections were made, Petitioner would have exceeded the minimum final multiple required to be advanced to IS2/E-5 from Cycle 235 NWAE. The Board finds the existence of an injustice warranting the following corrective action. 

RECOMMENDATION 

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

Petitioner's Examination Profile Information and Exam Status sheet from the March 2017 Cycle 235 NWAE is modified to read Award Points is “4” vice “0”, the 
Performance Mark Average (PMA) is “3.90 worth 56.00 points” vice “3.80 worth 48.00 points”, and the Final Multiple Score (FMS) is "110.59" vice "98.59".  
Note: The Minimum Multiple Required was 101.81. 
Petitioner was advanced to IS2/E-5 effective 16 December 2017 with a time in rate (TIR) of 1 July 2017. 

Note:  The change to the effective date of advancement to E-5 may have affected Petitioner's E-6 advancement opportunity.  If Petitioner was eligible for, but did not take the E-6 examination because the above change had not yet been made, the following procedures will apply to remediate that missed opportunity.  Petitioner should submit for an exception to policy (ETP) to the Chief of Naval Operations (OPNAV N132) in accordance with BUPERSINST 1430.16 series.  If all requirements are met for eligibility of a missed exam and an ETP is disapproved by N132, Petitioner may reapply to this Board for consideration of advancement to E-6 retroactive to the date Petitioner would have been advanced on the "missed" examination cycle(s).  Petitioner should submit a DD Form 149, command endorsement/ recommendation, and must include a copy of this letter with the request, 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. 

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.