DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4475-18 From: Chainnan, 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 (2) CO'MNAVCRUITCOMINST l l 30.8J -Vol IV of May 11 (3) MILPERSMAN 1220-300 of 1 Apr 14 (4) DD Form 214 eff 3 Sep 14 (5) NRC ltr 1133 Code N322 of 23 Sep 15 (6) DD Form 1966 of 25 Sep 15 (7) NAVCRUIT 1133/52 of 14 Oct 15 (8) DD Form 4 eff 9 Nov 15 (9) BUD/Straining graduation certificate of 10 Aug 17 ( 10) SQT graduation certificate of 20 Apr 18 (11) POLL (12) ECPB memo 1430 PERS 803/0361 of23 Aug 18 ( 13) Email btwn B UPERS and BCNR of 26 Mar 1 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner. filed enclosure (1) with this Board, requesting that his naval record be corrected to backdate his advancement to paygrade S02/E-5. 2. Petitioner's allegations of error and injustice on 2 April 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 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 Jaw and regulation within the Department of the Navy. b. Pertinent provisions of enclosure (2) provide that OSVETs [other-Service Veterans] honorably discharged in paygrades E3 and above who meet enlistment criteria will be enlisted at one paygrade lower than that held at discharge but not lower than paygrade E3. Requests to enlist OSVETs who were separated from previous service at paygrade ES and above will be approved on a case-by-case basis by the Enlisted Community Manager (ECM). Requests to ECM will be submitted VIA NA VCRUITCOM (N32) .... OSVETs eligible for advanced paygrade will enlist in the applicable apprenticeship program for the new rating and, upon successful completion of training, will be promoted to the contracted paygrade and rating. Failure to complete training will result in assignment as SN in the Fleet or reclassification to a critical rating (with ECM approval). Once designated in a rating OSVETs may not request conversion for two years. OSVETs applying for AIRR, ND, EOD, SO, or SB must meet all MILPERSMAN AR TI CLE 1220-010, and/or 1220-100 -1220-400 provisions. These articles also provide requirements and guidance on assembling and submitting application packages for entry into Warrior Challenge Programs. Although normally used by active duty personnel, these requirements must also be met by OSVETs . ... Enclosure (2) (emphasis added) .. c. In relevant part, enclosure (3) provides that Upon completion of SO "A" School training pipeline which consists of: SO Preparatory, CIN K-431 -0350, CDP 04WF SO BUDS/S Orientation, CIN K-431-0037, CDP 173K SO BUD/S, CIN K-431-0024, CDP 169K SO SEAL Qualification Training (SQT), CIN K-431-0059, CDP 754F Cold WX, CIN K-431-0098, CDP 659S Navy Parachute, Static Line, CIN A-431-0135, CDP 757K Navy Parachute, Free Fall, CIN A-431 -0136, CDP 757M; and SERE CIN K-431-0400 CDP 06YB Enlisted personnel are awarded NEC 5326 and designated as SO SEAL upon completion of SQT. Recruit and fleet conversions are authorized accelerated advancement to E-4 (S03) per MILPERSMAN 1510-030. Enclosure (3) (emphasis added). d. On 3 September 2014, Petitioner was honorably discharged from the Marine Corps in paygrade E-5. See enclosure (4). e. On 23 September 2015, the Commander, Navy Recruiting Command approved the "request for rate and paygrade determination for subject named member (SNM) .. . via OSVET," adding that Petitioner "is authorized to enlist as SN/S3 upon initial enlistment and S02/ES after completion of the training pipeline," and to "[ r ]eference this letter as enlistment authority on the applicant's Record of Military Processing (DD Form 1966)" Enclosure (5) (emphasis added) .. f. On 25 September 2015, Petitioner was issued a DD Form 1966 (Record of Military Processing -Armed Forces of the United States), which, in block 32a, provided for "Advancement to S02/E5 upon successful completion of SO Class "A" school." Enclosure 6) ( emphasis added) .. g. On 14 October 2015, Petitioner was issued a NA VCR UIT 113 3/ 52 (Prior Service Enlistment Guarantees) dated 9 November 2015, stating .. Advancement to S02/E5 upon successful completion of SO Class "A" school (BUDS/S)." Enclosure (7) (emphasis added). h. On 9 November 2015, Petitioner entered active-duty service. See enclosure (8). i. On 10 August 2017, Petitioner graduated from Basic Underwater Demolition/Seal training. See enclosure (9). j. On 20 April 2018, Petitioner graduated from Seal Qualification Training (SQT). See enclosure (10). k. On 20 April 2018, Petitioner was advanced to paygrade E-5 (S02). See enclosure (11). l. On 23 August 2018, in an unfavorable advisory opinion, the Enlisted Career Progression Branch (PERS-803) indicated that Petitioner did not complete all requirements of the SO "A" school pipeline witil 20 April 2018, at which time he was properly advanced to S02. See enclosure (12). m. On 26 March 2019, the Bureau Of Naval Personnel's (BUPERS-324) noted the need to change the verbiage in future letters and contracts to read "member is eligible for advancement to E4 upon completion of SEAL Qualification Training (SQT) vice completion of BUD/S." Enclosure (13). CONCLUSION Upon review and consideration of all the evidence of record, and notwithstanding the opinion expressed in enclosure ( 12 ), the Board finds the existence of an injustice warranting corrective action. The panel relied heavily on Petitioner's DD Form 1966, NA VCRUIT 1133/52, and the CNRC's email. The Board noted that enclosure (5) was not properly referenced in DD Form 1966 as directed. Further, even though the MILPERSMAN clearly described the SO "A" school training pipeline, Petitioner' s contract clearly stated that he was to have been advanced to E-5 upon completion of BUD/S (10 August 2017). Finally, the Board interpreted the CNRC' s email to mean that policy regarding advancement had changed from the completion of BUD/S to completion of SQT. RECOMMENDATION That Petitioner's naval record be corrected, by taking the following corrective actions. An exception to policy was approved by cognizant authority prior to 23 September 2015. Petitioner was advanced to Petty Officer Second Class effective l O August 2017 instead of 20 April 2018. Note: The Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner's records to determine if Petitioner is due any back pay and allowances. 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.