Docket No.  7075-19 
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER , USN,   
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) COMNAVCRUITCOMINST 1130.8K 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NRC memo 1133 Ser N35 of 31 Oct 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 earning 64 semester credit hours prior to entering active service. 
 
2.  The Board, consisting of        reviewed Petitioner’s allegations of error and injustice on 21 July 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 31 October 2017, Petitioner enlisted in the United States Navy and at the time of enlistment had 64 semester credit hours as verified by the official  .  
 
     c.  On 15 January 2019, Petitioner was accessed into active duty service and advanced to the grade of E-3 as part of the nuclear training program. 
 
     d.  On 3 June 2019, Petitioner disenrolled from the nuclear training program, reduced to the grade of E-2 and separation procedures initiated. 
 
     e.  On 7 October 2019, Petitioner was discharged for a condition not a disability. 
 
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 to maintain the paygrade of E-3 upon dis-enrolling from nuclear training program per reference (b).  However, because of an administrative processing error, Petitioner’s record does not reflect earning 64 semester credit hours before joining the Navy, thereby causing him to be reduced to E-2 upon dis-enrolling from the nuclear training program.  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 maintained the paygrade of E-3 effective 15 January 2019 (Active Duty Service Date) upon being dropped from the Nuclear Field Program, as a result of meeting the advanced paygrade criteria based on earning 64 semester credit hours per Commander, Navy Recruiting Command Instruction 1130.8 (series).  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay record to determine if Petitioner is due retroactive pay entitlements. 
 
Note:  The change to the effective date of advancement to E-3 may also have affected Petitioner's E-4 advancement opportunity.  If Petitioner was eligible for, but did not take the E-4 Navy Wide Advancement Examination (NWAE) because the above change had not occurred, the following procedures will apply to remediate that missed opportunity.  Petitioner should take the next available E-4 NWAE.  Upon passing the examination, Petitioner should reapply to this Board for consideration of advancement to E-4 retroactive to the date, Petitioner would have advanced on the "missed" examination cycle(s).  Petitioner must submit a DD Form 149, with documentation that includes worksheet for the missed cycle(s), command endorsement/ recommendation, and a copy of this letter.  The Board will then determine whether the request will be approved.       
 
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.