Docket No 951-21

 
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 1430.16G 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
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 corrected to be advanced to HM3/E-4 from the March 2020 Cycle 247 Navy Wide Advancement Examination (NWAE). 
                                              
2.  The Board, consisting of and  reviewed Petitioner’s allegations of error and injustice on 25 May 2021 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 11 July 2016 Petitioner entered active duty in the paygrade E-3.   
 
     c.  In July 2019 Petitioner was awarded a Flag Letter of Commendation (FLOC). 
 
     d.  In March 2020 Petitioner participated in Cycle 247 NWAE and passed not advanced (PNA). 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board agreed that Petitioner received the award after his participation in the March 2020 Cycle 247 NWAE and because of this, the one award point for the FLOC was not applied to his profile sheet for Cycle 247 NWAE, in accordance with reference (b).  The Board agree that if the award point was applied, Petitioner would have been selected for advancement.  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 Examination Profile Information and Exam Status sheet from the March 2020 Cycle 247 Navy Wide Advancement Exam (NWAE) is modified to read Awards is “1” vice “0” and FMS (Final Multiple Score) is "122.09" vice "121.09".  Note: The Minimum Multiple Required was 121.24. 
 
Petitioner was advanced to HM3/E-4 effective 16 September 2020 with a time in rate (TIR) of 1 July 2020. 
 
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 N132C) in accordance with BUPERSINST 1430.16 series.  If all requirements are met for eligibility of a missed exam and an ETP is disapproved by N132C, 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. 
 
6/15/2021
Deputy Director