DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 1784-19  
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 8031/0376 of 22 Nov 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 the date of advancement be backdated to the previous cycle. 

2.  The Board, consisting of 		reviewed Petitioner's allegations of error and injustice on 28 January 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 20 October 2017, Petitioner was advanced to MASN/E-3. 

c.  In September 2018, Petitioner participated in the Cycle 240 Navy Wide Advancement Exam (NWAE) and was selected for advancement. 

d.  On 16 June 2019, Petitioner was advanced to MA3/E-4. 

e.  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 Petitioner was eligible to participate in the March 2018 Cycle 239 NWAE; however, did not participate due to no fault of his own.  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 was approved for a standard score comparison between the September 2018 Cycle 240 against the missed March 2018 Cycle 239 NWAE.  Note: after recalculation, Petitioner’s Final Multiple Score (FMS) for Cycle 239 would have been 107.78 which exceeded the minimum FMS required of 102.21 to be advanced to MA3. 

Petitioner’s date of advancement to MA3/E-4 is effective “16 December 2018” vice “16 June 2019” with a Time in Rate (TIR) date of “1 July 2018” vice “1 January 2019”.  

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 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-5 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 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.