DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 1970-08
21 July 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD Ico
Subj:
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNRC memo 1133 Ser 32/
(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 show that he enlisted in paygrade E-2, vice E-1, based on college
credits.
2. The Board, consisting of Messrs. Exnicios, George, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 14 July
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.
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. Petitioner enlisted in the Navy, in paygrade E-1, on 24 May
2007. He alleges he should have been enlisted in paygrade E~2 based on
45 semester hours of college credits earned prior to his enlistment.
Cc. COMNAVCRUITCOMINST 1130.8G establishes criteria for
enlistment in an advanced paygrade. Personnel with the requisite
number of college credits to meet the advanced paygrade criteria must
present official college transcripts prior to their ship date. If
Docket No. 1970-08
transcripts cannot be obtained, through no fault of the member, a
Statement must be entered on the DD Form 1966. Applicants must sign
-d. Petitioner’s DD Form 1966/1 (Record of Military Processing)
indicates a code of “12L” in block 12, Education. This code is
assigned to members who are High School Diploma Graduates. Block 22a,
(Education) of the DD Form 1966/2 provides a section for the applicant
to “list all high schools and colleges attended.” The only item listed
is Brandford High School. There are no colleges listed.
e. There are no entries elsewhere on the DD Form 1966/1 that
would indicate Petitioner revealed or discussed completion of any
college credits with the recruiting staff.
_f£. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner’s
application has recommended the request’ be denied. A thorough review
of his enlistment documents did not reveal any notations that
Petitioner discussed or revealed any college credits with the
Recruiter, the Classifier, or anyone else, at any time prior to his
ship date.
CONCLUSION:
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure (2), the Board
concludes that Petitioner’s request warrants favorable action. The
Board opined that a prospective recruit, with qualifying college
credits, would not knowingly enlist in paygrade E-1 if in fact he was
eligible for an advanced paygrade based on that college credit.
Moreover, the Board was of the opinion that because Petitioner had
actually earned college credit before enlisting, he should receive an
advanced pay grade at enlistment for that college credit
notwithstanding the evidence that such college credit was omitted from
his enlistment application and his enlistment contract.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
_ a. He enlisted in paygrade E-2, vice E-1, effective 24 May 2007
(Active Duty Service Date). He was further advanced to paygrade E-3
Docket No. 1970-08
effective 16 March 2008. Petitioner met the criteria for advanced
paygrade based on college credits.
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.
WILLIAM J. HESS, III
Acting Recorder
ROBERT D. ZSALMAN
Recorder
5. The foregoing action of the Board is s
ubmitted for your review
and action.
W. DEAN PFEI R
Executive DiregEtor
Reviewed and Approved:
re’ .
QAXE. Ca.
\-AS- OB
Robert T. Cali
Assistant General Counsel
Manpower and Reserve Affairs)
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