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

Docket No. 1-19  
Ref:   Signature Date  

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

Ref:  (a) Title 10 U.S.C. §1552 
      (b) BUPERSINST 1430.16F 
      (c) MILPERSMAN 1430-020 

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

1.  Pursuant to the provisions of reference (a) Subject’s mother, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect advancement to paygrade E3 effective 26 July 2018 and back pay. 

2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 26 February 2020 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 Subject’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.  In accordance with reference (b), E2/E3 advancements must be effected locally for personnel reduced in rate (RIR).  Reference (c) authorizes the reinstatement/restoration of E2/E/3/E4 no earlier than 6 months from the imposition of non-judicial punishment (NJP). 

c.  Subject advanced to E3 effective 16 August 2017. 

d.  Subject was RIR to E2 via NJP on 26 October 2017. 

e.  Subject received periodic evaluation from 27 October 2017 through 15 July 2018 and was recommended for “promotion” and retention. 

f.  Subject’s 9-months time in rate from the time of RIR was 26 July 2018. 

g.  Subject was involved in motor vehicle accident and died on 7 September 2018. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Subject met the basic eligibility for advancement to E3 per reference (b); however, the advancement was not effected by his Command prior to death.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

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

Subject was advanced to Hospital Corpsman (E3) effective 26 July 2018. Note:  Defense Finance and AccountingService will audit Subject’s pay account to determine back pay and allowances due to beneficiary on file. 

A copy of this Report of Proceedings will be filed in Subject’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.