DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9360-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. §1552 (b) BUPERSINST 1430.G Encl: (1) DD Form 149 w/attachments (2) NAVPERS memo 1430 PERS 8031/0340 of 22 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 validate September 2018 (Cycle 240) Navy Wide Advancement Examination (NWAE); advancement to E4 with back pay; and exception to policy for the September 2019 (Cycle 244) NWAE. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on November 8, 2019 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, 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 August 15, 2018, Petitioner’s Commanding Officer grants access to classified material with an interim Secret clearance. c. On November 15, 2018, Petitioner’s NWAE for September 2018 (Cycle 240) is processed; status: “Selectee”. d. On December 11, 2018, Petitioner’s NWAE for September 2018 (Cycle 240) status: BUPERS Invalidated. e. On September 9, 2019, Petitioner’s Commanding Officer submits letter for exam discrepancy to the Commanding Officer, Naval Education and Training Professional Development and Technology Center (N321) requesting clearance validation. f. On October 10, 2019, Petitioner submits petition to BCNR. g. On October 22, 2019, NAVPERS 803 provides advisory opinion to the BCNR. h. On October 24, 2019, NAVPERS 803 provides BCNR examiner RDS an email response to his request for clarification of advisory opinion provided on October 22, 2019. i The Petitioner contends he had been given an interim clearance which was entered into JPAS prior to the September 1, 2018 NWAE for cycle 240 being given. b. 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. Their recommendation was a partial approval. They stated the Petitioner had been granted an interim security clearance prior to September 1, 2018; and in email correspondence if the exam is validated the Petitioner’s Final Multiple Score is 96.02 while the minimum multiple score requirement for the September 2018 (Cycle 240) NWAE was 20.00. The Petitioner could be advanced to E4 effective June 16, 2019 with a time in rate of January 1, 2019. They stated the Petitioner would have been eligible for the September 2019 (Cycle 244) NWAE; however, he would need to execute an Exception to Policy request for a cycle comparison once he has taken the March 2020 (Cycle 246) NWAE. 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. The Board determined the Petitioner had an approved interim security clearance prior to September 1, 2018 and if advanced to E4 would have been eligible to take the September 2019 (Cycle 244) NWAE. The Board concluded a partial grant is warranted. The Petitioner’s September 2018 (Cycle 240) NWAEbe validated and the Petitioner be advanced to E4. On the matter of the Petitioner’s request for exception to policy for the September 2019 (Cycle 244) NWAE is not warranted at this time. They concluded per reference (b); the Petitioner’s Commanding Officers or Officer in Charge should initiate an Exception to Policy request due to the inability to participate in advancement, after conclusion of the March 2020 (Cycle 246) NWAE. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: The Petitioner’s September 2018 (Cycle 240) NWAE is validated. The Petitioner is advanced to the pay grade of E4 effective June 16, 2019 with a time in rate date of January 1, 2019. Note: 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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.