DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 9916-09
11 Jan 10
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF
J By
NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: {1) DD Form 149 w/attachments
(2) CSD RTC memo 5400 Ser 00/0379 of 3 Dec 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-2, vice E-1l.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
xveviewed Petitioner’s allegations of error and injustice on 11 January
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. 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,
CONCLUS TON
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. 9916-09
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 November
2007 (Active Duty Service Date). Petitioner met the requirements for
advanced pay grade based on successful completion of DEP PQS.
b. He was further advanced to paygrade E-3 effective 16
September 2008. (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
aid 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.)
c. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. It is certified that quorum wag 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.
ROBERT D. 4SALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
Docket No. 9916-09
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 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.
f a
11 January 2010 lw Qoar
W. DEAN PF
Executive Ditector
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