DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 07759-09
11 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL OF RECORD "siiiillly
Ref: fa) 10 U.S.C. 1552
Enel: (1) DD Form 149 with attachments
(2) Cage summary
(3) PERS-32 memo dtd 22Dec09
(4) Subject's naval record
1. Pursuant to the provisions of reference (a),
Petitioner, a former enlisted member of the United States
Navy, filed enclosure (1) with this Board requesting, in
effect, that she be reinstated to pay grade E-5/PC2, her
time in rate date be reflected on her last DD Form 214 and
that she receive all backpay and allowances she would have
received as an E-5.
2. The Board, consisting of Mr. Mie . ae an
Mr. MM reviewed Petitioner's allegations ” Se error a
injustice on 10 March 2010 and, pursuant to its
regulations, determined that the limited 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 did
exhaust all administrative remedies available under
existing law and regulations within the Department of the
Navy. ‘
b. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Navy Reserve on
6 June 2000, at the age of 18. She served honorably and
reenlisted into the regular Navy on 3 November 2008 with an
approved enlistment waiver from Commander, Naval Recruiting
Command, to enter in the pay grade of E-3 and upon
successful completion of her required training (Navy
Counselor School NC) she would be advanced to pay grade
E-5. However, during the course of training, a Career
Development Board was conducted and after reviewing her
progress, it was determined that Petitioner did not meet
all requirements and was disenrolled from the training and
provided the opportunity to reclassify into another program
for which she was qualified and a vacancy existed or
separate from the Navy. Petitioner elected to be
discharged as she was near high year tenure and was
discharged on 5 May 2009.
d. The Board requested an advisory opinion (enclosure
(3))} in this case from the Bureau of Naval Personnel, which
recommended that Petitioner’s rate be restored to PC2 pay
grade E-5 with an effective date of rate of 5 May 2009,
which will retain her rank and pay of E-3 until completion
of rate conversion training as contractually agreed to, but
restore her to E-5 on the last day prior to discharge.
CONCLUSION:
Upon review and consideration of all the evidence of
record, and especially in light of the recommendation in
enclosure (3), the Board concludes that Petitioner's
request warrants limited favorable action. The Board notes
her patriotism to her country and bases its recommendation
on her loyalty, and desire to continue to serve her
country. Since she agreed to complete “NC” training before
being advanced to E-5, and she failed to complete the
training, the Board concludes that no backpay or allowances
are warranted in her case. Accordingly, the Board
concludes that, as a matter of equity, relief in the form
of restoring her pay grade to E-5/PC2 on her DD Form 214
is appropriate.
In view of the foregoing, the Board finds the existence of
an injustice warranting the following partial corrective
action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show
that she was honorably discharged on 5 May 2009, in the pay
grade of E-5/PC2, block 4b, and block 12h should reflect
the date of pay grade of 4 May 2009.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected,
removed, or completely expunged from Petitioner's record
and that no such entries or material be added to the record
in the future.
ec. That any material directed to be removed from
Petitioner's naval record be returned to the Board,
together with a copy of this Report of Proceedings, for
retention in a confidential file maintained for such
purpose, with no cross reference being made a part of
Petitioner's naval record.
dad. That no further relief is granted.
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
a 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 BRIAN J. GEORGE
Recorder Acting Recorder
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 Regulation,
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.
W. We PFE
By directio
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