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

Docket No. 10589-18  
Ref:  Signature Date  
From:  Chairman, Board for Correction of Naval Records  
To:     Secretary of the Navy  


Ref:  (a) Title 10 U.S.C. §1552 
Encl: (1) DD Form 149 w/attachments 
      (2) ECPB memo 1430 PERS 8031/0128 of 28 May 19 
      (3) Subject’s naval record 

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 show Petitioner was advanced to E-4 from the September 2015 (Cycle 228) vice March 2016 (Cycle 231 Navy Wide Advancement Examination (NWAE). 

2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 24 September 2019 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, 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 19 September 2015, Petitioner arrived to his new duty station. 

c. In March 2016, Petitioner participated in the March 2016 (Cycle 231) NWAE, was selected, and was advanced to E-4 on 16 August 2016. 

d.  On 16 August 2017, Petitioner was advanced to E-5. 

e.  On 8 September 2018, Petitioner was separated from the U.S. Navy. 

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. The Board concluded that Petitioner transferred prior to the exam, and arrived after the exam date.  Furthermore, it was the Commanding Officer’s responsibility to forward the exam. Finally, a comparison of Cycle 231 against Cycle 228 reveals that Petitioner would have been selected for advancement. 

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 2015 (Cycle 228) Navy Wide Advancement Exam (NWAE) listed the following scores: Exam Standard Score is “75.43”, PMA (Performance Mark Average) is "48.00 (3.8)", Service in Paygrade is “.27 (0101)”, Awards is “0”, Education Points is ”0.00”, PNA is “0.00”, and FMS (Final Multiple Score) is "123.7”. Note: the Minimum Multiple Required was 20. 
Petitioner was advanced to E-4 on 16 January 2016 vice 16 August 2016 with a time in rate of 1 July 2016.  

Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.