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) BUPERSINST 1430.16G 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 1430 PERS 8031/0273 of 17 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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish retroactive advancement to Culinary Specialist (Submarine) Third Class (CSS3)/E-4 from the March 2019 (Cycle 243) Navy Wide Advancement Exam (NWAE). 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 25 February 2021 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), awards points are to be entered on the worksheet only when approved or earned prior to the day of the regularly scheduled NWAE.  Flag Letter of Commendation (FLOC) is worth one (1) point on NWAE. 
 
    b.  Petitioner advanced to Culinary Specialist (Submarine) Seaman/E-3 effective 16 November 2018. 
 
    c.  Petitioner was awarded a FLOC for the period of January to February 2019.   
 
    d.  Petitioner participated in the March 2019 (Cycle 243) NWAE; however, his Exam Profile Information reflects “0” awards points. 
  
    e.  Petitioner advanced to CSS3/E-4 from the September 2019 (Cycle 244) NWAE effective 16 May 2020 with time in rate (TIR) date of 1 January 2020. 
 
    f.  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 FLOC needs to be entered into Petitioner’s Electronic Service Record (ESR), resulting in his Final Multiple Score (FMS) exceeding the FMS required for advancement to CSS3/E-4. 
                                
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.  In accordance with reference (b), the Board determined Petitioner earned one (1) award point prior to the day of the regularly scheduled March 2019 (Cycle 243) NWAE; therefore, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s Commander  uploaded to his Official Military Personnel file and entered into his ESR. 
 
Petitioner's Examination Profile Information and Exam Status sheet from the March 2019 (Cycle 243) NWAE is modified to read Awards “1” vice “0”, and FMS is "105.32" vice "104.32".  Note: The Minimum Multiple Required was 104.33. 
 
Petitioner advanced to CSS3/E-4 effective “16 December 2019” vice “16 May 2020” with a TIR date of “1 July 2019” vice “1 January 2020”. 
 
Note:  The change to the effective date of advancement to E-4 may also have affected Petitioner's E-5 advancement opportunity.  If Petitioner was eligible for, but did not take the E-5 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 reference (b).  If all requirements are met for missed exam cycle(s) and OPNAV N132 disapproves an ETP, Petitioner may reapply to this Board for consideration of advancement to E-5 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, copy of 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.