DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 7144-09
i Mar 10
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: RE FE RD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNRC memo 1133 Ser 32/ of 10 Nov 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 1 March
2010 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 8
October 2008 and shipped to active duty on 25 November 2008.
¢c. Petitioner signed and executed DD Form 4/3 acknowledging he
was voluntarily enlisting in paygrade E-1, but now alleges he should
have been enlisted in paygrade E-3 based on college credits earned
prior to his enlistment.
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. 7144-09
e. Official transcripts are the only documents acceptable for
requesting enlistment in an advanced paygrade based on college
credits. :
f. Petitioner's DD Form 1966/1 (Record of Military Processing)
indicates an education code of “12L" High School Diploma Graduate.
Biock 22a of the DD Form 1966/2 lists Saint Xavier High School. There
are no entries indicating Petitioner revealed that he had previously
attended college at the time of enlistment.
g. On 24 November 2008 Petitioner signed an “Advanced Paygrade
Enlistment Statement of Understanding” indicating he was NOT eligible
for Advanced Paygrade.
h. On 25 November 2008, Petitioner shipped to active duty
without having submitted any college transcripts. He shipped to
active duty in paygrade E-1.
1. Petitioner states that his Recruiter did not inform him of
the advanced paygrade requirements based on college credits.
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, noting that
official college transcripts were not provided prior to ship date,
Petitioner did not indicate anywhere on the DD Form 1966 that he had
attended college, and Petitioner signed the Advanced Paygrade
Statement of Understanding indicating he was “NOT eligible for
advanced paygrade.”
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-3, vice E-1, effective 25
November 2008 (Active Duty Service Date). He met the criteria 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
Docket No. 7144-09
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 H-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.)
b. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4, Pursuant to Section 6{(c) of the revised Procedures of the Board
for Correction of Naval Records (32 Code of Federal Requlations,
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. 4SALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review
and action.
\ oad
W. DEAN PFRIFF
Executive Dire
. Assistant General Counsel
( Manpower and Reserve Affairs)
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