Docket No. 9732-19
Ref:   Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO  , USN, XXX-XX  
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) DoDI 1205.13, Section 5.2.5.1 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNRC memo 1133 Ser N35 of 5 Dec 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 retroactive advancement to paygrade E-2 and E-3. 
 
2.  The Board, consisting of ,    reviewed Petitioner’s allegations of error and injustice on 17 November 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.  Petitioner’s        Transcript dated 19 January 2016 reflects  completing courses for the Junior Reserve Officers' Training Corps (JROTC).  
 
     b.  Petitioner was accessed into the United States Navy as an E-1 on 29 May 2018. 
 
     c.  On 15 July 2019,  certified Petitioner completed 2-years of Air Force JROTC. 
 
     d.  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 finds the existence of an injustice warranting the following corrective action.  Petitioner met the advanced paygrade criteria to enlist in the paygrade of E-2 per reference (b).  However, because of administrative oversight Petitioner’s two year JROTC completion was not properly documented resulting in his accession in the paygrade of E-1.  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 was accessed into the Navy in the paygrade of E-2 effective 29 May 2018 (Active Duty Service Date).  
 
Petitioner was advanced to/E-3 effective 16 March 2019 with a time in rate (TIR) of 1 March 2019. 
 
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 been advanced on the "missed" examination cycle(s).  Petitioner must submit a DD Form 149, with at least a copy of 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.