Docket No. 10768-19  
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) NPC memo 1430 PERS 8031/0090 of 6 Mar 20 
      (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 be advanced to EM3, receive back pay and Time in Rate (TIR) starting from 31 December 2018, sea pay, Cycle 244 validated, graded and advanced to E-5 if Final Multiple Score (FMS) exceeds the minimum FMS required. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 24 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.  In March 2018, Petitioner participated in Cycle 239 Navy Wide Advancement Examination (NWAE) and was selected for advancement to E-4. 

c.  On 1 June 2018, Petitioner was frocked to E-4. 

d.  On 10 August 2018, Navy Standard Integrated Personnel System (NSIPS) identified of frocking removal. 

e.  On 15 August 2018, Petitioner was issued an SP evaluation. 

f.  On 17 August 2018, Navy Enlisted Training Professional Development Command (NETPDC) invalidated Petitioner’s Cycle 239 NWAE.  

g.  On 5 March 2019, Petitioner was issued an SP evaluation. 

h.  In September 2019, Petitioner participated in the E-5 Cycle 244 NWAE. 

i.  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 agreed that the Commanding Officer meant to withhold his promotion recommendation vice withdrawing it due to his action to reinstate Petitioner’s advancement from Cycle 239.  The Board agreed that if the command was aware of their mistake, they would have submitted an Exception to Policy (ETP) to restore his E-4 advancement.  The Board finds the existence of an injustice warranting the following corrective action. 

RECOMMENDATION 

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

Petitioner submitted for an ETP to be advanced from the March 2018 Cycle 239 NWAE and it was approved by cognizant authority.  

Petitioner’s profile sheet for the March 2018 Cycle 239 NWAE was validated.  Petitioner’s FMS was 105.81 which exceeded the minimum FMS required of 84.80. 

Petitioner was advanced to EM3/E4 with an effective date of 16 December 2018 with a Time in Rate (TIR) date of 1 July 2018. 

Petitioner’s profile sheet for the EM2/E-5 September 2019 Cycle 244 NWAE was validated.  Petitioner’s FMS was 88.16 which did not exceed the minimum FMS required of 113.83. 

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.  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.