DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 10237-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. §1552 Encl: (1) DD Form 149 w/attachments (2) CNRC ltr 1133 Ser N35 of 20 Feb 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 and paid correctly based on NAVCRUIT 1131/113 Program Service Agreement. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 March 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 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 22 December 2017, Petitioner signed a DD Form 4 as an E-3 for 8 years (4 years on active duty) in the U.S. Navy. Furthermore, on 22 December 2017, Petitioner’s NAVCRUIT 1131/113 (Navy Officer Candidate Civil Engineer Corps (CEC) Officer (5100) Program Service Agreement) states that “…if I was enlisted and placed in an active duty status, I will be advanced to paygrade E-4 after serving one year in paygrade E-3…” “…I will be advanced to paygrade E­5 upon graduation.” Finally, he entered active duty. c. On 16 May 2019, Petitioner graduated from Military Institute with a Bachelor of Science Degree. d. On 7 July 2019, Petitioner was advanced to paygrade E-5. e. On 26 September 2019, Petitioner was discharged in order to accept commission in the same branch of service. f. On 27 September 2019, Petitioner was commissioned as an Ensign in the U.S. Navy. g. 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 due to admin oversight, Petitioner was not properly advanced to E-4 and E-5 per the service agreement. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was advanced to E4 effective 22 December 2018. Petitioner was advanced to E5 effective 16 May 2019. Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s financial record to determine if Petitioner is due any back pay. Petitioner was in receipt of Base Pay, Basic Allowance for Subsistence, and Basic Allowance for Housing while in the program. Furthermore, Petitioner got married on 8 June 2019. 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.