From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) MILPERSMAN 1220-300 
(c) MILPERSMAN 1510-030 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 1430 PERS 8031/0007 of 3 Jan 20 
(3) PERS-8031 email of 2 Oct 20 
        (4) 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 reflect advancement to Special Warfare Operator Third Class (SO3/E-4) upon completion of Basic Underwater Demolition/Sea Air Land (BUD/S) training. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 8 October 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  In accordance with reference (b), Special Warfare Operator (SO) “A” school training pipeline consist of seven required sequenced courses.  Upon completion of SO “A” school training pipeline, enlisted personnel are awarded Navy Enlisted Classification (NEC) 5326/O26A and designated as an SO.  Recruiting and fleet conversions are authorized accelerated advancement to SO3/E-4 per reference (c).  Per reference (c), personnel are authorized guaranteed advancement to E-4 after successfully completing “A” school or advanced training required to attain rating designation and after serving 6 months time in rate as an E-3.   
 
     b.  On 13 June 2016, Petitioner enlisted in U.S. Navy for a term of 6-years in paygrade E3.  NAVCRUIT 1133/52, Prior Service Enlistment Guarantees – Annex “A” listed Advanced Technical Field Special Warfare Operator (ATF/SO 6YO) Challenge Program, Report to RTC UIC 42125 G Lakes IL for Outfitting and Processing, Advancement to SO3/E-4 Upon Successful Completion of BUD/S and Enlistment Bonus for Source Rating (EBSR) - $12,000. 
 
     c.  Petitioner completed Naval Special Warfare Preparatory Course on 19 September 2016. 
 
     d.  Petitioner completed BUDS/S Orientation on 18 November 2016. 
 
     e.  Petitioner completed BUD/S on 7 April 2017. 
 
     f.  Petitioner completed SEAL Qualification Training on 5 May 2017. 
 
     g.  Petitioner completed Cold WX on 2 June 2017. 
 
     h.  Petitioner completed Navy Parachute, Static Line on 15 September 2017. 
 
     i.  Petitioner completed Navy Parachute, Free Fall on 13 October 2017. 
 
     j.  Petitioner was award NEC 5326/O26A and designated as an SO on 1 November 2017. 
 
     k.  Petitioner advanced to SO3/E4 effective 16 December 2017. 
 
     l.  Petitioner advanced to SO2/E5 effective 16 November 2018. 
 
     m.  In correspondence attached as enclosures (2) and (3), 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 enclosures (2) and (3), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner met the criteria for accelerated advancement to SO3/E-4 outlined in NAVCRUIT 1133/52, Prior Service Enlistment Guarantees – Annex “A”.  Despite being contrary to references (b) and (c), the Board felt, under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was advanced to SO3/E-4 effective “7 April 2017” vice “16 December 2017”.   
 
Note:  The change to the effective date of advancement to E-4 may have affected Petitioner's E-5 advancement opportunity.  If Petitioner was eligible for, but did not take the E-5 examination because the above change had not yet been made, the following procedures will apply to remediate that missed opportunity.  Petitioner may reapply to this Board for consideration of advancement to E-5 retroactive to the date Petitioner would have been advanced on the "missed" examination cycle(s),  if all requirements are met for eligibility of missed exam(s).  Petitioner should submit a DD Form 149, with command endorsement/recommendation, a copy of this letter, 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. 
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.