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 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPPSC memo 5400 of 7 Jan 20  
        (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 advancement to E-2 effective 4 December 1997. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 24 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.  On 4 December 1997, Petitioner issued NAVPERS 1070/613, Administrative Remarks indicating meritorious advancement to E-2.  Additionally, Petitioner’s NAVPERS 1070/604, Enlisted Qualifications History reflects advancement to Radioman Seaman Apprentice (RMSA)/E-2 effective 4 December 1997. 
 
     b.  Petitioner’s February 1998 through April 1998 Leave and Earning Statements reflect advancement to E-2 effective 16 March 1998. 
 
     c.  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 finds the existence of an injustice warranting the following corrective action.  The Board concluded Petitioner’s record contained sufficient documentation to support advancement to RMSA/E-2 effective 4 December 1997.  However, because of administrative oversight Petitioner was not advanced to RMSA/E-2 until 16 March 1998.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was advanced to RMSA/E-2 effective 4 December 1997 vice 16 March 1998.  Note:  Defense Finance and Accounting Service will conduct an audit of Petitioner’s pay record to determine retroactive pay entitlement. 
                                                             
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. 
     

 11/4/2020