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

Docket No. 2354-18  
AUG 19, 2019 
 
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Ref:  (a) Title 10 U.S.C. §1552 
      (b) Manual for Courts-Martial (MCM) 
      (c) BUPERSINST 1430.16F  

Encl: (1) DD Form 149 w/attachments 
      (2) Subject's naval record  

1. Pursuant to the provisions ofreference (a) Petitioner, a Petty Officer in the Navy, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show promotion history reflect the reduction of rank on 21 May 2016 was set aside and date of rank is restored to original dates. 

2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on March 22, 2019 and, pursuant to its regulations, determined that the corrective action indicated below 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 2 December 2015, Petitionerwas advanced to E4 via Special Program. 

c. On 21 May 2016, Petitioner was reduced to E3 via Non-Judicial Punishment (NJP) proceedings. 

d. On 20 December 2016,

e. On 16 June 2017, Petitioner was advanced to E4 via examination 

f. On 31 December 2017, Commanding Officer, , set aside Petitioner's NJP. 

g. On 3 January 2018, Navy Personnel Command corrected Petitioner's record by removing the original evaluation report for the period of 1 March 2016 to 21 May 2016. 

h. On 16 January 2018, Petitioner was advanced to E5 via examination NETPMSA. 

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 the Petitioner's NJP was set aside on 21 May 2016; however, due to administrative oversight, the Navy failed to restore her rank. Per reference (b) and ( c) the Board felt that even though normally 4 months is a reasonable time to exercise the power to set aside an executed punishment in the absence of unusual circumstances, they determined under these circumstances, relief was warranted. 

RECOMMENDATION 

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

Petitioner's record was restored on 31 December 2017 due to set aside ofNJP (21 May 2016). Note: Punishment awarded was 45 days restriction, 45 days extra duty, forfeiture of $948.00 per month for two months, and reduction to next inferior pay grade. Furthermore, Petitioner was advanced to E-4 and E-5 after reduction to E-3. Lastly, Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner's records to determine if Petitioner is due any back pay and allowances. 

Note: The change in the effective date of advancement to E-4 may also impact on Petitioner's E­5 advancement opportunity. If Petitioner was eligible for, but did not take the E-5 examination because the above change had not yet been made, the following procedures will apply to remediate that missed opportunity. Petitioner should reapply to this Board for consideration of advancement to E-5 retroactive to the date Petitioner would have been advanced on the "missed" examination cycle(s). Petitioner should then submit a copy of worksheet for the cycle(s). In addition, Petitioner should submit a DD Form 149, command endorsement/ recommendation, and must include a copy of this letter with the request. The Board will then determine whether the request will be approved. 

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 ofNaval 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.