DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7236-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USN, Ref: (a) Title 10 U.S.C. § 1552 (b) COMNAVCRUITCOMINST 1130.8K Encl: (1) DD Form 149 w/attachments (2)DD Form 4 of 17 June 19 (3) Member Data Summary (4) DD Form 1966 of 2 April 19 (5) Educational Perspectives Evaluation Report of 29 June 20 (6) History of Assignments (7) NPC memo 1430 PERS 8031/135 of 17 May 21 (8) BCNR Rebuttal Request email of 19 May 21 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 establish entitlement to Advanced Paygrade of E-3. 2. The Board reviewed Petitioner’s allegations of error and injustice on 22 June 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 enclosures (1) through (8), relevant portions of Petitioner’s naval records, 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), applicants with college-level foreign education who have satisfactorily completed the U.S. equivalent of 48 semester (72 quarter) hours of college may be enlisted in paygrade E-3. Additionally, the policy indicates that foreign education documents are required to be submitted to the Navy Recruiting District Education Service Specialist. b. On 17 June 2019, Petitioner enlisted in the Naval Reserve for a term of 8 years of which 4 years is considered and active duty obligation. See enclosure (2). c. Petitioner’s Active Duty Service Date is 14 January 2020. At the time of entry, Petitioner accessed as an E-1 and her DD Form 1966, Record of Military Processing indicates education level of 12L. See enclosures (3) and (4). d. On 29 June 2020, Educational Perspectives completed a “Course-by Course Evaluation Report” and indicated Petitioner earned a Bachelor of Science degree from University of Calabar in 2013. The U.S. Equivalency Summary reflects Bachelor of Science degree with a major in Geography from a regionally accredited institution. See enclosure (5) e. On 3 September 2020, Petitioner reported to the USS ). See enclosure (6). f. On 16 October 2020, Petitioner was advanced to PRAA/E-2. See enclosure (3). g. On 17 May 2021, Navy Personnel Command (PERS-8031) provided an unfavorable advisory opinion to enclosure (1). PERS-8031 recommended disapproval of relief based on Navy Recruiting District determining Petitioner’s education level was equivalent to a high school diploma (12L). See enclosure (7). h. On 19 May 2021, BCNR forwarded PERS-8031 advisory opinion to the Petitioner for review and response. Petitioner did not provide a response. See enclosure (8). BOARD CONCLUSION Upon review and consideration of all the evidence of record, and despite the advisory opinion unfavorable recommendation, the Board unanimously concluded Petitioner’s request warrants favorable corrective action. In this regard, the Board determined Petitioner provided sufficient evidence to support eligibility for Advanced Paygrade as an E-3 at the time of enlistment in accordance with reference (b). However, as a result of administrative error and untimely processing of the evaluation of foreign credentials from Education Perspectives a subsection of the National Association of Credential Evaluation Services, Petitioner was accessed as an E-1; therefore, the Board felt, under these circumstances, relief is warranted. BOARD RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s enlistment documents (DD Form 4, Enlistment/Reenlistment Document and DD Form 1966, Record of Military Processing) dated 17 June 2019 are amended to reflect enlistment in paygrade “E-3” vice “E-1”. Petitioner’s DD Form 1966, Record of Military Processing dated 17 June 2019, Block 12 (Education) is modified to reflect “16K” vice “12L”. This change will entitle Petitioner to pay and allowance in paygrade “E-3” effective 14 January 2020 (Active Duty Service Date). Note: The change to the effective date of advancement to E-3 may also have affected Petitioner's E-4 advancement opportunity. If Petitioner was eligible for, but did not take the E-4 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 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-4 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. 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. The foregoing action of the Board is submitted for your review and action. 7/29/2021 Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Board Recommendation (Grant Relief) 8/17/2021 Assistant General Counsel (M&RA) Signed by: