Docket No. 6367-19 
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  , USN,  
   
Ref:   (a) Title 10 U.S.C. §1552 
       (b) COMNAVCRUITCOMINST 1130.8K 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNRC ltr 1133 Ser N35 of 15 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 reflect entering active duty as an E-2. 
 
2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 15 September 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 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. 
 
     b.  On 16 August 2017, Petitioner enlisted in the United States Navy as part of the Navy Music Program.  
 
     c.  On 7 February 2018, Director, Fleet Band Activities finds petitioner musically qualified and outlines entry level paygrade authorization. 
 
     d.  On 7 June 2018, Petitioner accessed into active duty service as an E-1. 
  
CONCLUSION  
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.  Petitioner met the basic eligibility criteria to be accessed in the paygrade of E-2 in accordance with reference (b).  However, because of administrative oversight, Petitioner was accessed in the paygrade of E-1.  Although the proper administrative requirements were not completed, the Board felt under these circumstances, relief is warranted.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s DD Form 1966, Record of Military Processing – Armed Forces of the United States is modified to reflect:  Section V – Recertification, 34.b (Item Number) “18b” and 34.c (Change Required) “E2”. 
 
Petitioner entered active duty in the paygrade of E-2 effective 7 June 2018 (Active Duty Service Date). 
 
Petitioner was advanced to MUSN/E-3 effective 16 March 2019 with Time in Rate of 1 March 2019. 
 
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.