DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8640-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF USN RET, XXX-XX- Ref: (a) Title 10, United States Code, Section 1552 (b) BUPERSINST 1430.16F of 2 Nov 07 (c) NAVADMIN 275/15 of 2 Dec 15 Encl: (1) DD Form 149 w/attachments (2) Member Data Summary of 2 Jan 17 (3) Officer Appointment Acceptance and Oath of Office l Mar 12 (4) NNPP first endorsement 1611 Ser 08B-MP/0082 of 10 Jul 15 (5) NPC ltr 1611 PERS-00/528 of 22 Aug 15 (6) NPC ltr 1920 PERS-00/260 of 8 Apr 16 (7) DD Form 214 of 31 Jul 2016 (8) DD Form 214 of 31 Dec2016 (9) PERS-834 email of 20 Jan 21 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be conected to show Petitioner was reverted to his permanent enlisted status as MMCS/E- 8. 2. The Board initially reviewed Petitioner's allegations of error and injustice on 3 November 2020. However, prior to approval and publication of the panel's recorrunendation additional potentially mitigating information that was not available to the Board panel was identified. The information was therefore furnished to the Board panel on 25 January 2021 for consideration. Documentary material considered by the Board consisted of enclosures (1) through (9), relevant portions of Petitioner 's naval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner' s allegatio ns 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. On 18 December 1996 Petitioner entered active duty. See enclosure (2). c. In accordance with reference (b), Appointment to Temporary Officer Status of Enlisted Members Whose Permanent Rate is E-7 or E-8. Members whose permanent enlisted rate is E-7 or E-8 on the date of appointment to temporary officer status may be advanced to E-8 or E-9, respectively, concurrent with the temporary officer appointment, provided they meet the following requirements: (1) Three years TIR in present enlisted rate when computed to 1 September of the year appointed. (2) Appropriate TAFMS (Total Active Federal Military Service) requirements (16 years for ES and 19 years for E-9) prior to 1 October of the year appointed. NOTE: Members who do not meet minimum TIR and TAFMS requirements in the year appointed to temporary officer status will be advanced on 1 July of the year in whlch TIR and TAFMS requirements are met. d. On 28 May 2008 Petitioner was advanced to MMC/E-7. See enclos ure (2). e. On 1 March 2012 Petitioner was commissioned an Ensign in the active temporary U.S. Navy. See enclosure (3). f. On 1O July 2015 Commander, Military Personnel Detachment, Office of Naval Reactors , Department of Energy notified Commander, Navy Personnel Command of Service member's statement - report of misconduct. See enclosu re (4). g. On 22 August 2015 Commander, Navy Personnel Command notified Commander, Military Personnel Detachment, Office of Naval Reactors, Department of Energy that the request for detachment for cause due to misconduct in the case of Petitioner, has been reviewed and approved. Furthermore, Petitioner was to be informedof his right to submit a statement in response. See enclosure (5). h. In accordance with reference (c), this NAVADMIN promulgates an update to the policy for temporary appointments of limited duty officers (LOO) who are eligible for permanent appointment. Additionally, effective immediately, paragraph 723 of reference (c) [BUPERSINST 1430. l6FJ is deleted, terminating automatic enlisted advancements for the few remaining temporary LD0 s. i. On 8 April 2016 Commander, Navy Personnel Command notified Assistant Secretary of the Navy{Manpower and Reserve Affairs) that non-judicial punishment was imposed on Petitioner for violation of Uniform Code of Military Justice Article 92 and Article 107. Petitioner was awarded a punitive letter of reprimand and he did not appeal. Furthermore, Petitioner's nuclear AQD' s were removed on 25 March 2015 and he was detached for cause on 22 August 2015. Moreover, Petitioner must be retained until eligible for transfer to the Fleet Reserve under the provisions of 10 U.S.C. section 1176 because he will have more than 18 years, but less than 20 years, of total active duty service as an enlisted member after his reversion. Recommend revert Petitioner to hls permanent enlisted status, (MCC/E-7). Finally, ASN (M&RA)approved recommendation on 26 May 2016. See enclosure (6). j. On 31 July 2016 Petitioner was discharged for miscellaneous/general reasons. See enclosure (7). k. On 31 December 2016 Petitioner tran ferred to Fleet Re erve after having sufficient service for retirement as an MMC/E-7. See enclosure (8). l. In correpondence attached as enclosure (9), 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 con ideration of all the evidence of record, and e pecially in light of the content of reference (b) and (c), the Board finds the exi tence of an injustice warranting the following corrective action. The Board concluded that Petitioner already had 3 years' time in grade as an E-7 at the time of his appointment to LDO, how eve r, he did not have the required 16 years TAMFS until December 2012. Petitioner would have advanced to E-8 on 1 July 2013, per reference (b). Furthermore, the Board also concluded that when Petitioner was reverted to his enlisted grade, it was not a reduction, therefore, he should have been reverted to E-8. RECOMMEDATION In view of the above, the Board recommends the following corrective action: On 26 May 2016, ASN (M&RA) approved the recommendation to revert Petitioner to his permanent enlisted status as MM S/E-8 . Petitioner' s DD Form 214 ( ertificate of Release or Di charge from Active duty) executed on 31 December 2016 listed block 4a (Grade, rate or rank) MMCS, block 4b (Pay grade) E-8, and 12i (effective date of pay grade) 1 July 2013. Note: Defense Finance and Accounting Service will complete an audit of Petitioner's record to determine if Petitioner is due retroactive pay and allowances. 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. The foregoing action of the Board is submitted for your review and action. 02/13/2021 Executive Director ASSISTANT SECRETARY OF THE NAVY (M&RA) DECISION: Reviewed and Approved Board Recommendation (Grant Relief) 2/10/2021