DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 4723-08
14 Jul 08

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

Encl DD Form 149 w/attachments

(1)

(2) CNRC memo 1133 Ser 32/ of 5 Mar 08
(3) CNRC memo 1133 Ser 32/

(4) Excerpts from 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 pay grade E-3, vice E-1, based on college

credits.

2. The Board, consisting of Messrs. Exnicios, George, and ZSsalman,
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. Petitioner's request for a personal appearance before the

Board was also considered.

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. The issues in the case are adequately documented and a

personal appearance would not materially add to the Board’s
understanding of the issues involved. Thus, Petitioner’s request for

a personal appearance is denied.
Docket No. 4723-08

c. Petitioner is a native of Nigeria and had been in the United

States approximately 6 months when he enlisted in the Navy. His
enlistment contract shows that he voluntarily enlisted in pay grade

E-1 on 26 March 2007.

d. Petitioner alleges he should have been enlisted in pay grade
E-3 based on qualifying college credits earned prior to his
enlistment.

e. COMNAVCRUITCOMINST 1130.8G establishes criteria for
enlistment in an advanced pay grade. Personnel with the requisite
number of qualifying college credits to meet the advanced pay grade
criteria are required to present official transcripts prior to the
date they are to ship to recruit training. Foreign education must be
evaluated by an education specialist to determine if it meets the
appropriate accreditation criteria. If transcripts cannot be obtained,
through no fault of the member, a statement must be entered on the DD
Form 1966. Applicants must sign this statement acknowledging it is

their responsibility to produce the required transcripts prior to
graduation from recruit training. Authorization for advanced pay

grade is cancelled upon graduation from recruit training if the
transcripts have not been provided.

f. Prior to being accepted for enlistment, a prospective recruit
must complete and certify a DD Form 1966 ((Record of Military
Processing). A notation on Petitioner’s DD Form 1966 shows that only
high school transcripts had been provided to the recruiting officials.
“No entry was made reflecting review of any of college transcripts.

The 1966/2 lists National Grammar school (Nigerian equivalent to U.S.
high school). No college is listed; and the NAVCRUIT 1133/51, Request
for Evaluation of Non-Traditional Education Credentials and Foreign
Education, notes Petitioner’s education code as “12L” High School
Diploma Graduate, and further notes “None” for Advanced Pay Grade

Eligibility based on foreign education.

g. Petitioner signed a NAVPERS 1070/613, Advanced Pay Grade
Eligibility record entry dated 26 March 2007. On the NAVPERS 1070/613
Petitioner acknowledged that he had read the advanced pay grade
program eligibility requirements and understood that, in order to
qualify for advanced pay grade to E~3 he must have completed 48
semester hours of college credits at an accredited educational
institution. After acknowledging the above, Petitioner initialed the
form stating “I am NOT eligible for Advanced Pay Grade.”
Docket No. 4723-08

h. On 17 March 2008 Petitioner’s case was presented to the Board
and, based on the above and the advisory opinion from Commander, Navy
Recruiting Command (CNRC) of 5 March 2008 found in enclosure (2),

Petitioner’s application was denied.

i. On 7 May 2008 Petitioner requested a reconsideration of his
case based on the submission of supplemental information explaining
that he had not provided college transcripts earlier due to civil

unrest in Nigeria.

j. The case was reopened and returned to CNRC for a supplemental
advisory opinion in light of the “new” material. By enclosure (3),
CNRC once again recommends that no relief be granted. CNRC notes that
the DD Form 1966 shows no entry reflecting college education. No
college transcripts were provided prior to shipping for recruit
training. Also, the NAVCRUIT 1133/51, Request for Evaluation of Non-
Traditional Education Credentials and Foreign Education indicated

“None” for advanced pay grade.

CONCLUSION:

Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosures (2) and (3), the
Board concludes that Petitioner’s request warrants favorable action.
In the Board's view, a prospective recruit, with qualifying college
credit, would not knowingly enlist in pay grade E-1 if in fact he
fully understood that he was eligible for enlistment in an advanced
pay grade based on that college credit. 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 information and
evidence of such college credit was omitted from his enlistment
application and his enlistment contract. The Board finds that the
difficulties Petitioner described in obtaining official transcripts
from Nigeria, a country experiencing political unrest and associated
violence, militated in favor of excusing the omissions from the
enlistment documents. The Board also notes that the education, while
received at a foreign institution, nevertheless met criteria

established for advanced pay grade.

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to
show that:
Docket No. 4723-08

a. He enlisted in pay grade E-3, vice E-1, effective 26 March
2007 (Active Duty Service Date). Petitioner met the criteria for
advanced pay grade based on college credits. NOTE: The change in the
effective date of advancement to E-3 may also impact on Petitioner’s
E-4 advancement opportunity. If Petitioner was eligible for, but did
not take and E-4 examination because the above change had not yet been
made, the following procedures will apply to remediate that missed
opportunity. Petitioner should take the next available E-4
examination. Then compare the Final Multiple Score (FMS) received on

that examination with the FMS that was required for the “missed”
examination. If the score received meets or exceeds the score that

was previously required for advancement Petitioner may reapply to this
Board for consideration of advancement to E-4 retroactive to the date
he would have been advanced on the “missed” examination cycle. A
command endorsement/recommendation and a copy of this letter must be
included. The Board will determine whether the request warrants

favorable action.

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

AMS.
ROBERT D. ZSALMAN WILLIAM J. HESS, ~III

Recorder Acting Recorder

Bi. The foregoing action of the Board is submitted for your review
and action.

   
 

W. DEAN PFEIL
Executive Dir

Reviewed and approved:

-_
X. C&.
Vr As- o8
Robert T. Cali

Assistant General Counsel
Manpower and Reserve Affairs)