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) BUPERSINST 1430.16G Encl: (1) DD Form 149 w/attachments (2) NPC memo 1430 PERS 8031/118 of 15 Apr 21 (3) 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 establish retroactive advancement to Sonar Technician Submarine Third Class (STS3)/E-4 from the September 2018 (Cycle 240) Navy Wide Advancement Exam (NWAE). 2. The Board, consisting of Ms. Mr. , and Mr. reviewed Petitioner’s allegations of error and injustice on 24 June 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, 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 advanced to Sonar Technician Submarine Seaman (STSSN)/E-3 effective 16 March 2018. b. Petitioner received Detachment of Individual NAVPERS 1616/26, Evaluation Report & Counseling Record (E1-E6) for the period of report from 15 June 2017 through 19 April 2018 and received a Promotable promotion recommendation; performance mark average (PMA) 3.6. c. On 17 May 2018, Petitioner reported to (). d. Petitioner received Periodic NAVPERS 1616/26, Evaluation Report & Counseling Record (E1-E6) for the period of report from 20 April 2018 through 15 July 2018 and received a Must Promote promotion recommendation; PMA 3.8. e. On 26 July 2019, Commanding Officer, () submitted and exception of policy (ETP) regarding Petitioner not being able to participated in the September 2018 (Cycle 240) NWAE as a result of temporary additional to the (SSN 784) and E-4 exam not being available during deployment. Commander, favorably endorsed the ETP on 8 August 2019. f. On 16 October 2019, Petitioner advanced to STS3 E-4 from the March 2019 (Cycle 243) NWAE. g. 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. The Board determined the Petitioner was not provided an opportunity to take the September 2018 (Cycle 240) NWAE and () submitted the ETP after the established limiting date of 30 June 2019, rendering the request invalid in accordance with reference (b). The Board concluded after comparing Petitioner’s March 2019 (Cycle 243) NWAE to the missed September 2018 (Cycle 240) NWAE, Petitioner’s Final Multiple Score (FMS) would have exceeded the minimum multiple required for the September 2018 (Cycle 240) NWAE; therefore, under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was advanced to STS3/E-4 effective "16 June 2019" vice “16 October 2019” with a time in rate (TIR) of "1 January 2019" vice “1 July 2019”. Note: After comparison, Petitioner’s FMS for September 2018 (Cycle 240) NWAE would have been 101.84; the minimum multiple required was 20.00. Note: The change to the effective date of advancement to E-4 may also have affected Petitioner's E-5 advancement opportunity. If Petitioner was eligible for, but did not take the E-5 NWAE because the above change had not occurred, the following procedures will apply to remediate that missed opportunity. Petitioner should submit an ETP to the Chief of Naval Operations (OPNAV N132) in accordance with reference (b). If all requirements are met for a missed exam and OPNAV N132 disapproves an ETP, Petitioner may reapply to this Board for consideration of advancement to E-5 retroactive to the date Petitioner would have 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, disapproved ETP and a copy of this letter. The Board will then determine whether the request for retroactive advancement 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. 7/22/2021 Deputy Director