DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON Df 20370-5100
MEH
Docket No. 6016-09
8 Sep 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 19 Aug 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
September 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 11 June
2008 and shipped to active duty on 17 December 2008.
ec. He was enlisted in paygrade E-i but alleges he should have
been enlisted in paygrade E-3 based on college credits earned prior to
his enlistment. SO ,
d. Criteria for enlistment in an advanced paygrade are found in
COMNAVCRUITCOMINST 1139 series. The policy clearly states that “The
recruiter shall brief all applicants that they must provide the
decumentation necessary to be awarded advanced paygrade before their
ship date,”
.policy.. we
Docket No. 6016-09
e. Official transcripts are the only documents acceptable for
requesting enlistment in an advanced paygrade based on college
credits.
f. While in DEP Petitioner completed a “Clean Slate” Disclosure
Record that indicated he had completed college/vocational school, and
had not provided transcripts to the recruiter.
g. On 16 December 2008 Petitioner signed an “Advanced Paygrade
Enlistment Statement of Understanding” indicating he was NOT eligible
for Advanced Payarade.
h. On 17 December 2008, Petitioner shipped to active duty
without having submitted his college transcripts. He shipped to
active duty as an E-1.
i. Petitioner states that his college transcripts were not
available to him at time of enlistment due to “a financial hold on my
student records while I was in the Delayed aneEy Program, and during
the beginning of my time as active duty.”
j. 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 produce official transcripts
prior to their ship date. Recruiters brief all applicants regarding
this policy, and if official transcripts are provided an entry will be
made in Section VI, Remarks, of the DD Form 1966. No entry was made
for Petitioner, indicating no transcripts were provided,
Additionally, Petitioner admitted he was unabie to obtain transcripts
due to “a financial hold” on his student records. The Navy is not
liable or at fault if applicant is unable to obtain transcripts.
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 reasoned 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
Docket No. 6016-09
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 17
December 2008 (Active Duty Service Date). He met the ¢riteria for
advanced paygrade 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 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 (PMS) 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 command endorsement/recommendation and
a copy of this letter must be included. The Board will determine
whether the request will be approved.)
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 WILLIAM 3. HESS, IIT
Recorder Acting Recorder
5, The foregoing action of the Board is submitted for your review
and action.
W. DEAN PFEIFFER
Executive Direct
Reviewed and Approved i
| A Robert T. Cali
— sststant General Counsel
QQ63% a C AN : Manpower and Reserve Affairs}
Q AWO9,
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