Docket No. 8677-19
Ref: Signature Date
 
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 dtd 25 Sep 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 ET1/E-6 via the September 2017 Cycle 236 Navy Wide Advancement Examination (NWAE). 
 
2.  The Board, consisting of             , reviewed Petitioner’s allegations of error and injustice on 29 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.  In September 2017, Petitioner participated in the Cycle 236 NWAE and passed not advanced (PNA). 
 
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 was awarded four Navy Achievement Medals and one Flag Letter of Commendation totaling nine advancement points per reference (b).  However, only seven points were accounted for at the time Petitioner participated in the September 2017 (Cycle 236) NWAE.  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's Examination Profile Information and Exam Status sheet from the September 2017 Cycle 236 NWAE is modified to reflect Awards Points as “9” vice “7” and FMS (Final Multiple Score) is "178.15" vice "176.15".  Note: The Minimum Multiple Required was 176.29. 
 
Petitioner was advanced to ET1/E-6 effective 16 June 2018 with a time in rate (TIR) of 1 January 2018. 
 
Defense Finance and Accounting Service will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 
 
Note:  The change to the effective date of advancement to E-6 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 for an exception to policy (ETP) 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 an ETP is disapproved by OPNAV N132, 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 must submit a DD Form 149, with command endorsement/ recommendation, a  copy of the advancement in rate or change of rating worksheet (NETPDC 1430/3) for the cycle(s) missed, all supporting documentation in accordance with the respective NAVADMIN, and a copy of this letter.   
                                                             
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.