DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 10668-08
8 Jun 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 106 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNRC memo 1133 Ser 32/ of 16 Apr 09
(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
eredits,
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on 8 June
2009 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 Depaxtment of the Navy.
b. Petitioner entered the Delayed Entry Program (DEP) on 23
October 2007 and shipped to active duty on 8 April 2008.
c. He was enlisted in paygrade E-1 but alleges he should have
been enlisted in paygrade E-2 based on college credits earned prior to
enlistment.
da. Criteria for enlistment in an advanced paygrade are found in
COMNAVCRUITCOMINST 1130 series. The policy clearly states that “The
recruiter shall brief all applicants they must provide the
documentation necessary to be awarded advanced paygrade before their
ship date.”
Docket No. 10668-08
e. Official transcripts are the only documents acceptable for
requesting enlistment in an advanced paygrade based on college
credits.
£. On 8 April 2008 Petitioner initialed and signed an “Advanced
Paygrade Enlistment Statement of Understanding” indicating he was
eligible for advanced paygrade of E-2 based on the requisite number of
college credits. He also signed the statement that he had read the
Navy's advanced paygrade program eligibility requirements and
understood what was required of him to be advanced to a higher
paygrade while in the DEP.
g. On 8 April 2008, Petitioner shipped to active duty without
having submitted his college transcripts. He shipped to active duty
as an E-1.
h. 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 noting that official
college transcripts were not provided prior to ship date, disregarding
CNRC’s clearly stated policy.
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 was of the opinion that because Petitioner had actually earned
the college credits before enlisting he should receive an advanced
paygrade at enlistment for that credit, notwithstanding the fact his
official transcripts were not timely submitted in accordance with
established policy.
RECOMMENDATION:
That petitioner’s naval record be corrected, where appropriate, to
show that:
a. He was enlisted in paygrade E-2, vice E-1, effective 8 April
2008 (Active Service Duty Date). He 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
Docket No. 10668-08
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. ZASALMAN WILLIAM J. HESS,
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review
and action.
Reyiewed and Approved
™S. CS
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