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

Docket No: 466-19   
Ref: Signature Date  

From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  

Ref: (a) 10 U.S.C. §1552 

Encl: (1) DD Form 149 
      (2) BCNR ltr Docket No. 
      (3) NPC memo PERS- [18] 

1. Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Navy, filed enclosure (1) with this Board requesting his record be corrected by adjusting his date of rank (DOR) in the grade of lieutenant to 1 October 2014, and his lineal precedence be adjusted accordingly.   

2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 27 March 2019 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 Petitioner’s application, together with all material submitted in support thereof, relevant portions of the naval records and applicable statutes, regulations and policies.  Additionally, the Board considered the advisory opinion (AO) provided at enclosure (3).    

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. Petitioner contends that due to an administrative error in calculating Entry Grade Credit (EGC) when he commissioned, he was erroneously awarded two years of EGC.  On December 2017, the BCNR directed his record be corrected to reflect EGC of 3 years, 8 months, and 13 days.  See enclosure (2).      

    c. In correspondence attached at enclosure (3), the office having cognizance over Petitioner's request determined that, due to circumstances beyond Petitioner's control, his DOR has been administratively delayed due to his record not being considered by the correct FY-15 All Fully Qualified Officer List (AFQOL).  The AO further noted that the earliest date that the Petitioner could have been promoted to Lieutenant was  October 2014, the first day of the Fiscal Year in the year after his name was placed on the Reserve Active-Status List (RASL). PERS-80 recommended Petitioner's record be corrected by adjusting his lieutenant DOR to  October 2014.    

CONCLUSION 

Upon review and consideration of all the evidence of record, and in light of enclosures (2) and (3), the Board substantially agreed with the AO and determined that Petitioner would have been assigned a date of rank of  October 2014 if the administrative error had been rectified prior to the scheduled FY-15 AFQOL board.  The Board concluded that Petitioner's lieutenant DOR shall be adjusted to  October 2014, and his lineal precedence shall be adjusted accordingly.      

RECOMMENDATION 

In view of the foregoing, the Board recommends the following corrective action. 

Petitioner's date of rank in the grade of lieutenant/O-3 be corrected to reflect  October 2014 instead of  January 2016, and his lineal precedence be adjusted accordingly. 

Note: The Defense Finance and Accounting Service (DFAS) complete an audit of Petitioner’s records and make payment of any money that Petitioner may be entitled to. 

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 Regulation, 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.