DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

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)BUPERSINST 1430.16G

Encl:  (1) DD Form 149 w/attachments
       (2)NPC memo 1430 PERS 8031/0180 of 22 Jul 21
       (3)Subject’s naval record

1.Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filedenclosure (1) with the Board for Correction of Naval Records (Board), requesting that his navalrecord be corrected to establish to establish advancement to Sonar Technician Submarines ThirdClass (STS3)/E-4 from the September 2020 (Cycle 248) Navy Wide Advancement Exam(NWAE).

2.The Board, consisting of Mr.   , Ms.   , and Mr.   , reviewedPetitioner’s allegations of error and injustice on 26 August 2021 and, pursuant to its regulations,determined that the corrective action indicated below should be taken on the available evidenceof 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 oferror 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.  TheBoard made the following findings:

a.On 16 July 2019, Petitioner completed Sonar Technician Submarine (STS) Class “A”school. 

b.On 16 January 2020, Petitioner advanced to Seaman (SN)/E-3 with a time in rate date of 1 January 2020; however, rating was not updated to STS after completion of “A” school resulting in advancement to SN/E-3 vice STSSN/E-3. 

c.On 17 July 2020, Petitioner received periodic evaluation for the period of 1 March 2020 to15 July 2020 with a “Must Promote” performance mark average of 3.8.  

d.In September 2020, Petitioner participated in the Cycle 248 NWAE; thereafter, the examwas invalidated due to wrong path of advancement. 

e.In correspondence attached as enclosure (2), the office having cognizance over the subjectmatter 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 the advancement opportunity during the September 2020 (Cycle 248) NWAE for the rate of STS3/E-4 was 100 percent.  Because of administrative error on updating Petitioner’s rate to STS after completion of “A” school, his September (Cycle 248)NWAE was invalidated, thereby rendering him ineligible for advancement to STS3/E-4.Although the proper administrative requirements were not completed, the Board felt that underthese circumstances, relief is warranted.

RECOMMENDATION 

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

Petitioner’s Examination Profile Information and Exam Status sheet from the September 2020 (Cycle 248) NWAE is modified to reflect Present Rate “STSSN” vice “SN”; Final Multiple Score:  98.49; and Status: Selected. 

Petitioner advanced to STS3/E-4 effective 16 June 2021 with a time in rate of 1 January 2021. 

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 theforegoing 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 theBoard for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), andhaving assured compliance with its provisions, it is hereby announced that the foregoingcorrective action, taken under the authority of the reference, has been approved by the Board onbehalf of the Secretary of the Navy.

8/26/2021
Deputy Director