- DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 7436-09
19 Oct 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
Encl: {1) DD Form 149 w/attachments
(2) CNRC memo 1133 Ser 32/ of 6 Oct 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. Exnicios, George, and Pfeiffer,
reviewed Petitioner's allegations of error and injustice on 19 October
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, reguiations 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 of an injustice warranting the following corrective
action.
Docket No. 7436-09
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 21 July
2008 (Active Duty Service Date). He met the advanced paygrade
criteria 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 (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 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. 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.
e
[tltian fhe
ROBERT D. ZSALMAN WILLIAM J. HESS,
Recorder Acting Recorder |
5s 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
Navy.
19 October 2009 \Sdoas
W. DEAN PPE
Executive Directo
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