Docket No. 8330-20
Ref: Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO  , USNR,  X XX-XX  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) BUPERSINT 1430.16F 
       (c)  ltr 1430 MED of 11 Jan 18 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 1430 PERS 8031/0353 of 30 Dec 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 eligibility for advancement consideration with cycle comparison from August 2018 (Cycle 103) Navy Wide Advancement Exam (NWAE) to February 2018 (Cycle 102) NWAE.   
                                              
2.  The Board, consisting of,   reviewed Petitioner’s allegations of error and injustice on 7 January 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 HM3/E4 effective 16 July 2015. 
 
    b.  On 20 April 2017, Petitioner issued BUPERS Mobilization Order:  1107. 
 
    c.  Petitioner executed BUPERS Mobilization Order:  1107 on 30 June 2017. 
 
    d.  Petitioner demobilized on 27 May 2018. 
 
    e.  Petitioner advanced to HM2/E5 effective 16 June 2019 from the August 2018 (Cycle 103) NWAE. 
 
    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 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.  Petitioner met the eligibility criteria to compete for advancement to HM2/E-5 during the February 2018 (Cycle 102) NWAE in accordance with reference (b).  However, because Petitioner was deployed he was unable to participate in the February 2018 (Cycle 102) NWAE per reference (c), and 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 Final Multiple Score for the February 2018 (Cycle 102) is 110.43 after cycle comparison with the August 2018 (Cycle 103) NWAE.  The Minimum Multiple Required was 99.44. 
 
Petitioner advanced to HM2/E5 effective “16 August 2018” vice “16 June 2019” with a time in rate of “1 July 2018” vice “1 January 2019”. 
 
Note:  The change to the effective date of advancement to E-5 may also have affected Petitioner's E-6 advancement opportunity.  If Petitioner was eligible for, but did not take the E-6 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 BUPERSINST 1430.16G.  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-6 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.