DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 12367-08
23 Mar O09
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj]: REVIEW OF NAVAL RECORD ICO a
Ref: (a} Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNRC memo of 3 Mar 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 he enlisted in paygrade E-3, vice E-1.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 23 March
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 Department of the Navy.
b. 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 «f an injustice warranting the Following corrective
action.
Docket No. 12367-08
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. He was enlisted in paygrade E-3, vice E-1, effective 13
August 2008 (Active Duty Service Date). Petitioner met the advanced
paygrade criteria based on successful completion of three years of
Junior NROTC.
b. 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 the E-4 examination but did not take it
because the above change had not been made, the following procedures
will apply. Petitioner should take the next available E-4 advancement
examination and 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 the
Board for consideration of advancement to E-4 retroactive to the date
he would have been advanced on the "missed" examination cycle. A DD
Form 149, command endorsement/recommendation, and a copy of this
letter must be included. The Board will determine whether the request
will be approved.
c. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4. It is certified that quorum was present at the Board's review and
deliberations, and that the foregoing is a true complete record of the
Board’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN nf ee a eee 7
Recorder Acting Recorder
Docket No. 12367-08
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 reference
(a), has been approved by the Board on behalf of the Secretary of the
—_ (
23 March 2009 LD Noses
W. DEAN PFEIF
Executive Dire
Navy.
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