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 120/18 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 1430 PERS 8031/0304 of 8 Oct 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 Master-At-Arms Third Class (MA3)/E-4 from the August 2018 (Cycle 103) Navy Wide Advancement Exam (NWAE). 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 8 April 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.  Petitioner advanced to Master-At-Arms Seaman/E-3 on 8 December 2017. 
 
    b.  In accordance with reference (b), candidates in a rating requiring a security clearance must have a favorable investigation adjudication issued by Department of Defense Central Adjudication Facility and it must be reflected properly in Joint Personnel Adjudication System (JPAS) prior to 1 August 2018.  If the Commanding Officer of the candidate grants an interim clearance, JPAS must be updated prior to 1 August 2018. 
 
    c.  Petitioner’s JPAS Investigation History reflects Special Agreement Check completed on 10 April 2018 and Tier 3 Investigation completed on 15 August 2018. 
 
    d.  Petitioner’s Navy Standard Integrated Personnel System/Electronic Service Record  indicates a Secret Clearance Investigation date of 15 August 2018 and Clearance date of 28 April 2020.  
 
    e.  Petitioner participated in the August 2018 (Cycle 103) NWAE, Final Multiple Score (FMS) was 115.10; the minimum multiple required for advancement to MA3 was 47.05.  Naval Education and Training Professional Development Center invalidated exam for security clearance per Navy Personnel Command (PERS-803) direction. 
 
    f.  Navy Operational Support Center, granted Petitioner an interim clearance on 2 March 2019. 
 
    g.  Petitioner advanced to MA3/E-4 effective 16 January 2021. 
 
    h.  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 concluded based on information currently available and due to comments and recommendation from the office having cognizance over the subject matter relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Exception to policy authorized Petitioner’s advancement to MA3/E-4 effective “16 January 2019” vice “16 January 2021” with a time in rate of “1 January 2019” vice “1 January 2021”. 
Note:  Petitioner's Examination Profile Information and Exam Status sheet from the August 2018 (Cycle 103) NWAE reflect FMS of 115.10; the minimum multiple required was 47.05. 
 
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 take the next available E-5 NWAE.  Upon passing the examination, Petitioner should reapply to this Board for consideration of advancement to E-5 retroactive to the date, Petitioner would have been 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, and a copy of this letter.  The Board will then determine whether the request 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. 
 
4/30/2021
Deputy Director