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NAVY | BCNR | CY2007 | 09414-07
Original file (09414-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 2Q37O~51OO



BAN
 Docket No. 09414-07
8 May 2008

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
En cl :    (1) DD Form 149 w/attachments
 (2)      NPC memo 1430 PERS 812 of 14 Apr 08
(3)      CO, Navy Operational Support Center ltr 1070 Ser N00/1759 of 7 Oct 07
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 show advancement to E-5/ANE2 in the Naval Reserves with an effective date of 16 January 2007.
2.       The Board, consisting of Messrs. Pfeiffer, Zsalman, and George, reviewed Petitioner’s allegations of error and injustice on 5 May 2008 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, naval records, and applicable statutes, regulations and policies. The Board also considered an Advisory Opinion furnished by the Naval Personnel Command (NPC) attached as enclosure (2) that recommended no relief be granted.
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.       In September 2006, while still on active duty, Petitioner took the E—5 advancement exam and was selected for advancement with a score of 162.29. Member was scheduled to be advanced on active duty, effective 16 January 2007. However, prior to being advanced to the next higher pay-grade, member was released from active duty in December 2006. Petitioner, immediately upon release from active duty,

Docket No. 09414-07

converted to the Naval Reserves and was affiliated with the Navy Operational Support Center (NOSC) in Columbus, Ohio.
c.       Pursuant to BUPERINST 1430.l6F, active duty personnel who convert from Active Component to Reserve Component may be authorized advancement as a result of participation in a prior Navy-wide advancement examination, provided the member is in a selectee status and has a Final Multiple Score (FMS) equal to or greater than the FMS in the new competitive category. In addition, the member must affiliate with a Navy Reserve unit within twelve months from their release from active duty date and must submit an advancement determination request within six months of affiliation, (enclosure (2)
d.       Petitioner submitted the required documents within the mandatory six month timeline for advancement to E-5 to his Naval Reserve unit in a timely manner. Due to an administrative error, NOSC did not submit the required documentation to NPC before the six month deadline, preventing the Petitioner from advancement to E-5 in the Naval Reserves, (enclosure (3))
e.       On 7 October 2007, Petitioner submitted a request to the Board for advancement in the pay-grade of E-5 from the September 2006 active duty exam. The Commanding Officer, (NOSC) submitted a favorable endorsement to the Board on the Petitioner’s behalf on 7 October 2007, stating that Petty Officer Dreier followed all the proper steps and should not be held accountable for administrative errors by the NOSC staff, (enclosure (3)).
f.       By enclosure (2), the Naval Personnel Command recommends, that no relief be granted. They reason that the BUPERS Instruction clearly states that service members, who transfer to the Naval Reserves from active duty within one year of separating from active duty, are required to submit documentation through their reserve unit to NPC within six months, requesting advancement from the most recent active duty exam in which they advanced. If the documents are not received by NPC in timely manner, regardless of whose error, the request will be denied.
CONCLUSION:
Upon review and consideration of all the evidence of the record, the Board concludes that Petitioner’s request warrants favorable action. The Board finds that although the Petitioner’s request for advancement in the Naval Reserves was not received by NPC within the six month timeline, it was not due to member’s own fault.. The commanding officer concurs with this finding and supports the Petitioner in being advanced to the next higher pay-grade effective 16 January 2007 with a Time in Rate of 1 January 2007. Accordingly, the Board concludes that



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 Docket No. 09414-07

the record should be corrected to show that Petitioner is advanced to E-5/ANE2 in the Naval Reserves.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       Petitioner is advanced to E5/ANE2 effective 16 January 2007 with a Time in Rate of 1 January 2007.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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.

ROBERT D. ZSALMAN        WILLIAM J. HESS, III
Recorder         Acting Recorder
5. The foregoing action of the Board is submitted for your review and action.




W. DEAN PFEIFFER
Executive Director



 Reviewed and approved:



Robert T. Call
 Assistant General Counsel
 Manpower and Reserve Affairs)







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