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 
       (b) BUPERSINST 1430.16F 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) PERS-8031 email of 14 Aug 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 an adjusted Time in Rate (TIR). 
                                              
2.  The Board, consisting of  ,    ,    and   , reviewed Petitioner’s allegations of error and injustice on 18 August 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.  In accordance with reference (b), Navy veterans who return to active duty or drilling reserve in the same paygrade held at discharge, release, or transfer to the individual ready reserve after a break in service in excess of 24 hours will have an adjusted TIR date.  The effective date of rate will be the date of reentry on active duty or re-affiliation to drilling reserve status.   
 
     c.  On 16 March 2013, Petitioner was advanced to LS1/E-6 with a TIR date of 1 January 2013. 
 
     d.  On 31 July 2013, Petitioner was discharged from the Navy Reserve.  
     
     e.  On 21 March 2017, Petitioner re-affiliated with the drilling Navy Reserve as an LS1/E-6. 
 
 
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 eligibility criteria outlined in reference (b) to have TIR and date of rank adjusted to the date of re-affiliation into the drilling Navy Reserve.  Therefore, under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s date of rank/rate is changed to “21 March 2017” vice “16 March 2013”. 
 
Petitioner’s TIR date is changed to “21 March 2017” vice “1 January 2013”. 
 
Note:  The change to the effective date of Petitioner’s TIR may have affected Petitioner's E-7 advancement opportunity.  If Petitioner was eligible for, but did not take the E-7 examination because the above change had not yet been made, the following procedures will apply to remediate that missed opportunity.  Petitioner should submit an exception to policy (ETP) request 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 OPNAV N132 disapproves an ETP, Petitioner may reapply to this Board for consideration of advancement to E-7 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, copy of the advancement in rate or change of rating worksheet (NETPDC 1430/3) for the cycle(s) missed, and supporting documentation in accordance with the respective advancement cycle Navy Administrative message(s).  
                                                             
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.