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

Docket No. 8495-17 
DEC 12 2018 

From: Chairman, Board for Correction of Naval Records
To:   Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO 

Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 w/attachments 
      (2) DD Form 4 of 2 Jun 2015 
      (3) NAVCRUIT 1133/52 (Annex A to DD Form 4 of 2 Jun 15) signed 2 Jun 15 
      (4) DD Form 214 
      (5) SWOS BECC Course completion/Distinguished Snipe Award of 22 Feb 16 
      (6) Distinguished Snipe Award of 22 Feb 16 
      (7) Member Data Summary of 5 Oct 18 
      (8) Administrative Remarks (NA VPERS 1070/613) of 22 Feb 16 
      (9) Exam Profile Data for Cycle I 01 (Aug 17) 
      (10) Special Request/Authorization (NAVPERS 1336/3) of9 Jul 17 
      (ll) NAVADMIN041/17 of 21 Feb 17 
      (12) ltr 1420 NOO of 28 Sep 17 
      (13) MILPERSMAN 1430-010 of 30 Oct 15 
      (14) NPC memo 1430 PERS-803/077 of 23 Mar 18 

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed 
enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected 
to backdate an advancement.
 
2. The Board, consisting of    , reviewed Petitioner's allegations of error and injustice on 3 August 2018 
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 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, finds as follows: 

    a. Before applying to this Board, Petitioner exhausted all administrative remedies available 
under existing law and regulations within the Department of the Navy. 

    b. On 2 June 2015, Petitioner signed an Enlistment/Reenlistment Document - Armed Forces 
of the United States (DD Form 4) entering the Delayed Entry Program (DEP) in the Naval 
Reserves. See enclosure (2). 

    c. Petitioner was guaranteed via Annex A dated 2 June 2015 with the following enlistment 
guarantee(s): Option 1 - New Accession Training Hull Maintenance Technician (NAT/HT) with 
Class "A" School. Option 2 - Assignment to             .  See enclosures (3). 

    d. On 7 October 2015, Petitioner entered active service. See enclosure (4). 

    e. On 30 October 2015, MILPERSMAN 1430-010 was published and stated the following: 
"COs of traditional and non-traditional training schools may recommend the top 10 percent of 
the qualified candidates in each "A" school graduating class for AAP .... The accelerated 
advancement will be held in abeyance for 4 to 10 months from report date to ultimate duty 
station." Furthermore, "Commands must ensure: (1) Candidates meet body fat and physical 
readiness standards of reference (b), and successfully complete the military requirements for the 
P03 Correspondence Course and the Petty Officer Indoctrination Course prior to advancement; 
(2) Candidates are United States citizens to be advanced in a rating listed in reference (a), as 
requiring access to classified information; (3) Submit Navy Standard Integrated Personnel 
System (NSIPS) event for advancement to E-4; (4) If a candidate's advancement is not effected 
by the end of the 10-month period from report date to ultimate duty station, the CO must make a 
NAVPERS 1070/613 Administrative Remarks entry stating the reason why the accelerated 
advancement was not effected and cancel the agreement for additional OBLISERV; and 
(5) Members accepting advancement under this program sign NAVPERS 1070/613 entry 
indicating agreement to incur OBLISERV .. .." See enclosure (13). 

    f. On 22 February 2016, Petitioner graduated from Basic Engineering Common Core 
(BECC) Course as an Honor Graduate. He was also given the Distinguished Snipe Award for 
having graduated with an overall GPA of 99.33% of the same date. Furthermore, the 
Commanding Officer of Student Surface Warfare Officers School Command (STU SWOS) Unit, 
      , recommended Petitioner for the Accelerated Advancement Program (AAP) as one 
of the "Top 10 Percent "A" School Graduates," as long as he met the requirements listed in 
MILPERSMAN 1430-010. See enclosures (5), (6), (7), and (8). 

    g. On 22 February 2016, Petitioner was advanced to E-2 upon completion of his "A" School, 
with a Time-In-Rate (TIR) date of 1 March 2016. See enclosure (7). 

    h. On 9 April 2016, Petitioner was released from active duty and transferred to the Naval 
Reserve. See enclosure (4).
 
    i. On 29 April 2016, Petitioner reported to NR OPS       for duty. See enclosure (7). 

     j. On or about 29 August 2016, Petitioner had been in his unit for 4 months, and became 
eligible for accelerated advancement. See enclosure (7). 

     k. On 16 December 2016, Petitioner was advanced to E-3, with a Time-In-Rate (TIR) date of 
1 December 2016. See enclosure (7). 

     l. On or about 29 February 2017, Petitioner had been in his unit 10 months, and his eligibility 
for accelerated advancement expired. See enclosure (7). 

     m. On 9 July 2017, Petitioner submitted a Special Request/Authorization (NAVPERS 
1336/3), requesting to be advanced from E-3 to E-4 due to the AAP. See enclosure (10). 

     n. In August 2017, Petitioner participated in the Cycle 10l Navy-Wide Advancement 
Examination (NWAE) and was selected to E-4. See enclosures (9) and (11). 

     o. On 28 September 2017, Petitioner's commanding officer submitted a letter on his behalf 
stating the following: "     is fully qualified for advancement. A records review 
indicates that he would have been fully qualified and eligible to be advanced within his first ten 
months of reporting to         and I highly recommend that his promotion be backdated to 28 August 2016. 
It appears evident that administrative oversight and unfamiliarity with the accelerated advancement 
requirements and process are the only reasons this member was not advanced within the prescribed time 
requirements." See enclosure (12). 

     p. On 16 January 2018, Petitioner was advanced to E-4. See enclosures (7) and (9). 

     q. In correspondence attached as enclosure (14), the office having cognizance over the 
subject matter addressed in Petitioner's application has commented to the effect that the request 
has no merit and warrants no favorable action. The advisory opinion from Commander,        ,states the 
following: "Per reference (b) [     ltr 1420 NOO of 28 Sep 17], the member reported to on 29 April 2016. 
Per reference (c) [MILPERSMAN 1430-010], a candidate's Commanding Officer may affect an accelerated 
advancement on any date after a minimum observation period of four months and must affect the 
advancement within 10 months of the member reporting. The command did not affect the advancement and 
should cancel any agreement for                additional obligated service per paragraph 3a(4) of 
reference (c)." 

CONCLUSION 

Upon review and consideration of all the evidence of record, and notwithstanding the contents of 
enclosure (14), the Board finds the existence of an injustice warranting corrective action. The 
Board concurred with Petitioner's commanding officer that Petitioner was misinformed on the 
future requirements of his advancement, which caused him to delay submitting his special 
request for advancement past the 10-month requirement to his chain of command until July 
2017. The Board further found that Petitioner was fully qualified for advancement, and under 
these circumstances, relief is warranted. 
 
RECOMMENDATION 

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

Command submitted Navy Standard Integrated Personnel System (NSIPS) event for advancement to E-4 effective
28 August 2016 within the prescribed time. Note: Petitioner was advanced to E-4 on 16 January 2018.
 
A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval 
Records (32 Code of Federal Regulations, Section 723.6(c)) 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. 


Executive Director