Docket No. 9215-19 
Ref:   Signature  Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   ,  USN,   
 
Ref:   (a) Title 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 1430 PERS 8031/0015 of 9 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 compare Cycle 243 against missed Cycles 239 and 240, be advanced, and receive back pay. 
                                              
2.  The Board, consisting of      , reviewed Petitioner’s allegations of error and injustice on 7 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.  On 13 July 2018, the Board approved docket number 9478-17 correcting Petitioner’s rank upon enlistment to E-3. 
 
     b.  In September 2018, Petitioner participated in Cycle 240 Navy Wide Advancement Examination (NWAE) and it was invalidated by Navy Education and Training Professional Development Command (NETPDC) due to an error with the Time in Rate (TIR).   
 
     c.  In March 2019, Petitioner participated in Cycle 243 NWAE and was selected for advancement to YNS3/E-4. 
 
     d.  On 16 July 2019, Petitioner was advanced to YNS3/E-4. 
 
     e.  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 agreed that Petitioner was eligible for but did not participate in the March 2018 Cycle 239 NWAE.  The results from the previous docket number (9478-17) were not finalized within Petitioner’s enlisted service record until after participation in the September 2018 Cycle 240 NWAE.  The Board agreed that Petitioner should have been in the paygrade of E-3 upon enlistment and would have met the requirements to participate in Cycle 239 NWAE.  The Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s March 2019 NWAE was compared to the missed March 2018 Cycle 239 NWAE.  Note:  After comparison, the Final Multiple Score (FMS) would have been 105.25.  The minimum FMS required to be advanced from Cycle 239 was 20.00.   
 
Petitioner was advanced to YNS3/E-4 effective “16 October 2018” vice “16 July 2019” with a Time in Rate (TIR) date of “1 July 2018” vice “1 July 2019”.   
 
Note:  The change to the effective date of advancement to E-4 may have affected Petitioner's E-5 advancement opportunity.  If Petitioner was eligible for, but did not take the E-5 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 N132, Petitioner may reapply to this Board for consideration of advancement to E-5 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 with the request, a copy of the advancement in rate or change of rating worksheet (NETPDC 1430/3) for the cycle(s) missed, and all supporting documentation in accordance with the respective NAVADMIN for adjudication from this Board.   
 
Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances.                                                              

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. 
 
9/10/2020


Deputy Director