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NAVY | BCNR | CY2009 | 01680-09
Original file (01680-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

MEH
Docket No. 1680-09
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 10 U.S.C. 1552

Enel: (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-3, vice E-1, based on college
credits.

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 Department of the Navy.

b. Petitioner entered the Delayed Entry Program (DEP} on 18
April 2008 and shipped to active duty on 19 May 2008.

ec. He was enlisted in paygrade E-1 but alleges he should have
been enlisted in paygrade E-3 based on college credits earned prior to
service.

d. Criteria for enlistment in an advanced paygrade are found in
COMNAVCRUITCOMINST 1130 series. The policy clearly states that “The
recruiter shall brief all applicants that they must provide the
documentation necessary to be awarded advanced paygrade before their
ship date.”
Docket No. 1680-09

e. Official transcripts are the only documents acceptable for
requesting enlistment in an advanced paygrade based on college
credits.

f. Petitioner states in his application to the Board that “I
could not be sent my transcripts from eee due to funds
being owed to the university.”

 

g. Petitioner shipped to active duty on 19 May 2008 without
having submitted his college transcripts. He shipped to active duty
as an E-1l.

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. The Navy Recruiting
Command’s established policy requires all applicants desiring
enlistment in a higher paygrade to produce official transcripts prior
to their ship date. Recruiters brief all applicants regarding this
policy, and if official transcripts are provided an entry wiil be made
in Section VI, Remarks, of the DD Form 1966. No entry was made for
Petitioner.

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 partial favorable action.
Enlistment in paygrade E-3 requires a minimum of 48 semester credits,
a review of Petitioner's official transcripts revealed a total of 36
acceptable college level semester credits. This is sufficient for
enlistment in paygrade E-2. It was opined that because Petitioner had
actually earned the college credits prior to enlisting he should
receive an advanced paygrade for that college 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 enlisted in paygrade E-2, vice E-1, effective 19 May 2008
(Active Duty Service Date). He met the advanced paygrade criteria
based on college credit.
Docket No. 1680-09

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 WILLTAM J. HESS,

Recorder Acting Recorder

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

and action.

 

Reviewed and Approved

Qasans

A= MMe O09

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