Docket No. 163-19 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 Encl:(1) DD Form 149 w/attachments (2) Individual Profile dtd 29 May 18 (3) Evaluation Report -5 Mar 17 through 10 Dec 17 (4) Page 13 dtd 18 Jun 2018 120835Z Jun 18 (5) PSD msg 120835Z Jun 18 (6) DWOWS Printout (7) NETPDTC email dtd 22 Oct 18 (8) Individual Profile dtd 23 Oct 18 (9) PSD ltr 1610 Ser 01/121 of 23 Oct 18 (10) Evaluation Report -11 Dec 17 through 30 Jun 18 (11) Exam Profile Data – Cycle 243 (12) NPC memo 1430 PERS 8031/0148 of 28 May 19 (13) Petitoner Rebuttal Statement 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 Personnel Specialist First Class Petty Officer (PS1) effective 16 June 2018. 2. The Board, 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 enclosures (1) through (13), relevant portions of Petitioner’s naval records, 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 b. In accordance with reference (b), “recommendation/advancement authority cannot be withheld or withdrawn on or after the effective date of advancement. Failure to comply with the required actions prior to the advancement date will result in the member retaining scheduled advancement.” Additionally, the reference indicated “the CO/OIC and the member must sign the NAVPERS 1070/613 required by this paragraph prior to withholding advancement. Message notification to NETPDTC (N321)/NAVPERSCOM (PERS-811/812) may not be sent prior to completion of required NAVPERS 1070/613.” c. Petitioner participated in Navy Wide Advancement Examination (NWAE) Cycle 236 in September 2017 and thereafter was selected for advancement to PS1 effective 16 June 2018. See enclosure (2). d. Petitioner was frocked to PS1 on 11 December 2017. See enclosure (3). e. On 11 June 2018, Officer-In-Charge, Personnel Support Detachment (PSD) signed NAVPERS 1070/613, Administrative Remarks (Page 13) withholding Petitioner advancement as a result of Body Composition Assessment (BCA) failure. See enclosure (4). f. On 12 June 2018, notified Navy Education and Training Professional Development Technology Center (NETPDTC) of withholding Petitioner’s advancement to PS1 as a result of BCA failure. See enclosure (5). g. Petitioner was systemically advanced to PS1/E6 effective 16 June 2018. See enclosure (6). h. Petitioner signed Page 13 on 18 June 2018 acknowledging that advancement was being withheld. See enclosure (4). i. On 11 September 2018, initiated a trouble ticket to correct Petitioner’s paygrade from E6 to E5. See enclosure (6). j. On 22 October 2018, NETPDTC notified a message to withdraw Petitioner’s NWAE for Cycle 236 had not been received. See enclosure (7). k. On 23 October 2018, NETPDTC updated Navy Enlisted Advancement System (NEAS) to reflect advancement was withheld and the examination was invalidated due to activity request. See enclosure (8). l. On 23 October 2018, Petitoner was issued notification of adverse performance evaluation report for the period of 11 December 2017 through 30 June 2018. Petitioner signed the evaluation the same date. See enclosures (9) and (10). m. Petitioner participated NWAE Cycle 243 in March 2019 and thereafter was advanced to PS1 effective 16 December 2019. See enclosure (11). n. On 28 May 2019, Navy Personnel Command (PERS-8031) provided an unfavorable advisory opinion to enclosure (1). PERS-8031 recommended disapproval of relief based on notifying NETPDTC of their intention to withhold Petitioner’s advancement as a result of Physical Fitness Assessment (PFA) failure. See enclosure (12). o. Petitioner provided a rebuttal statement in response to PERS-8031 findings and indicated that “the command failed to follow proper procedures and protocol in a timely manner in order to withhold my advancement prior to my limiting date in this advancement cycle”. See enclosure (13). BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board unanimously concluded Petitioner’s request warrants full relief. In this regard, the Board determined Petitioner did not meet the criteria for advancement as a result of BCA failure. However, Petitioner’s command failed to properly complete the advancement witholding process as outlined in reference (b). Specifically, the command released the message to withhold advancement prior to Petitioner receiving Page 13 counseling. Additionally, Petitioner received the Page 13 counseling after the effective date of advancement. Reference (b), explicitly indicates that members are authorized to retain their advancment when requied action is not adhered to prior to their advancment date. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was advanced to PS1/E6 effective 16 June 2018 vice 16 December 2019 with a time in rate of 1 January 2018 vice 1 July 2019. Note: NETPDTC shall ensure Petitioner’s NEAS and Enlisted Master File (EMF) is aligned with the aforementioned correction. Furthermore, Defense Finance and Accounting Service will complete an audit of Petitioner’s pay 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. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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. The foregoing action of the Board is submitted for your review and action.