Docket No. 7403-18  
Ref: Signature Date  
From:  Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 w/attachments 
      (2) BUPERSINST 1430.16A, para. 806.4f. of 23 Dec 77 
      (3) DD Form 214 eff 3 September 1982 
      (4) NAVPERS 1070/610 dtd 16 Feb 80 [16 Feb 81] 
      (5) Commander, Naval Military Personnel Command ltr dtd 3 Apr 87 
      (6) NPC 1430 PERS 8031/0336 of 16 Oct 19 


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 HT3 prior his transfer to the Temporary Disability Retired List (TDRL). 

2. The Board consisting of reviewed Petitioner's allegations of error and injustice on 22 November 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 law and regulation within the Department of the Navy. 

b.  On 23 December 1977, BUPERSINST 1430.16A was published and stated the following: 

“Personnel Ineligible because of Special Circumstances Commanding Officers are given discretionary authority to effect the advancement of members under their command on any date, but may not effect advancement earlier than the specified effective date established by the advancement authorization , nor later than theestablished limiting date for that cycle…The TIR date must be that established in the advancement authorization whether or not the advancement was effected on the date authorized.  The following categories of personnel are ineligible for advancement…Personnel in a retired status including Disability retirements.” See enclosure (2). 

c.  On 8 June 1979, Petitioner entered active duty.  See enclosure (3). 

d.  On 16 February 1981, Petitioner was advanced to FN/E-3.  See enclosure (4). 

e.  On 3 September 1982, Petitioner was separated honorably and placed on the TDRL.  Furthermore, DD Form 214 indicated that he was a selectee for pay grade E-4 (HT3). See enclosure (3).  

f.  On 3 April 1987, Petitioner was discharged from the TDRL as a result of Physical Evaluation Board proceedings and by action of the Secretary of the Navy on 2 March 1987.  Petitioner was removed from the TDRL and effect discharge from the Naval Service by reason of physical disability with severance pay in conformity with the provisions of references (a) [Title 10 U.S.C 1210] and (b) [Par 40433, DODPM].  Discharge was effective on 17 April 1987.  See enclosure (5). 

g.  Per enclosure (6), the Branch Head, Enlisted Career Progression provided an advisory opinion concluding that the evidence proffered by Petitioner is insufficient to support the requested record change.  The advisory opinion stated the following: “the member was selected HT3 [E-4] prior to being separated from active duty and placed on the Temporary Retired List 4 September 1982.  Per reference (b) [BUPERSINST 1430.16A], personnel in a retired status including Disability retirements are ineligible for advancement.” 

CONCLUSION 

Upon review and consideration of all the evidence of record, and notwithstanding the opinion expressed in enclosure (6), the Board concluded that Petitioner was selected for HT3/E-4 and pending advancement; however, through no fault of his own, he was not able to advance prior to being placed in the TDRL, therefore an exception to policy should be made.  

RECOMMENDATION 

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

Petitioner was advanced to HT3/E-4 effective 3 September 1982.  

Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to reflect Block 4a HT3, Block 4b E4, and Block 12h 82 SEP 03. 

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.  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 theBoard’s proceedings in the above entitled matter. 

5.  The foregoing action of the Board is submitted for your review and action. 

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