Docket No. 10904-19  
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 8031/0098 of 31 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 compare Cycle 099 against the missed Cycle 098 Navy Wide Advancement Examination (NWAE). 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 9 April 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 August 2016, Petitioner participated in the Cycle 099 NWAE and was selected for advancement with an effective date of 16 May 2017. 

c.  On 16 May 2017, Petitioner was advanced to MA2/E-5. 

d.  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 Petitioner was eligible to participate in the February 2016 Cycle 098 NWAE; however, due to being on temporary duty, did not participate due to no fault of his own.  The Board agreed that after comparing Cycle 099 against the missed Cycle 098, Petitioner’s final multiple score (FMS) would have been 117.80 which exceeded the 
minimum FMS required of 111.23.  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's Examination Profile Information and Exam Status sheet from the August 2016 Cycle 99 NWAE was compared to the February 2016 Cycle 098 NWAE.  Petitioner’s FMS was 117.80.  Note: The minimum multiple required was 111.23. 

Petitioner was advanced to E5 effective "16 September 2016" vice “16 May 2017” with a time in rate (TIR) of "1 July 2016" vice “1 January 2017”.
 
Note:  The change to the effective date of advancement to E-5 may affect Petitioner's E-6 advancement opportunity.  If Petitioner was eligible for, but did not take the E-6 examination because the above change had not yet been made, the following procedures will apply to remediate that missed opportunity.  After taking the next eligible NWAE, Petitioner should submit for an exception to policy (ETP) to the Chief of Naval Operations (OPNAV N132) in accordance with BUPERSINST 1430.16 series.  If all requirements are met for eligibility of a missed exam and an ETP is disapproved by N132, Petitioner may reapply to this Board for consideration of advancement to E-6 retroactive to the date Petitioner would have been advanced on the "missed" examination cycle(s).  

Petitioner should submit a DD Form 149, command endorsement/ recommendation, and must include a copy of this letter with the request, a copy of the advancement in rate or change of rating worksheet (NETPDC 1430/3) for the cycle(s) missed, and all supporting documentation in accordance with the respective NAVADMIN for adjudication from this Board. 

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 trueand 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.