DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 02859-10
4 August 2010

From: Chairman, Board for Correction of Naval Records
Tos Secretary of the Navy

Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Naval Personnel Command (NPC) memo of 1430 Ser 811/300 of
24 May 10
(3) DD Form 214
(4) COMNAVCRUITCOMINST 1130.8H, Section 4
(5) Page 13 dtd 30 Aug 07
(6) Individual Profile sheet from the February 2008 Navy-wide

82
(BUPERS-329C) Enlisted
(NOSC Houston) of

Reserve advancement exam
(7) Email between
Community Manager and
18 Mar 09
(8) Individual Profile sheet from the February 2009 Navy-wide
Reserve advancement exam, Cycle 084

  
   

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 was advanced to E-5/MA2 from the February 2008, Navy-
wide Reserve advancement exam.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George,
reviewed Petitioner’s allegations of error and injustice on

12 July 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 enlisted on active duty in the Navy on 22 August
2003, and was honorably discharged on 21 August 2007, as an
E-4/Cryptologic Technician - Technical Third Class (CTT3), enclosure
(3). In August 2007, Petitioner joined the Naval Reserves under the
Recruiting Selective Conversion for Reenlistment Reserve (RESCORE-R)
program with the rating of Master-at-Arms (MA) Third Class. Under the
RESCORE-R program, Petitioner was required to sign a page 13 entry
acknowledging that he had to complete MA “A” school within 12 months
upon entry, or the command’s career counselor had to request an “A”
school waiver, enclosures (4) and (5). Petitioner was attached to the
Navy Operational Support Center (NOSC) Houston and claims that he
immediately initiated the process to request an “A” school waiver
through his career counselor ns who has since retired) .
Furthermore, he states that in October , his career counselor
stated she would inquire on the status of his waiver package.*
Petitioner believed in good faith that the career counselor was acting
in his best behalf and submitted the waiver in a timely manner.
Therefore, in February 2008, Petitioner was allowed by his parent

command (NOSC Houston) to participate in the E-5/MA2 advancement exam
even although the waiver had not yet been approved.’

c. In April 2008, Petitioner was informed the he passed and was
to be advanced to E-5/MA2 from the February 2008, advancement cycle
with an effective date of 16 August 2008, and a Time In Rate (TIR)
date of 1 July 2008, enclosure (6). In July 2008, Petitioner had a
new career counse\o; =? who followed up on the “A” school
waiver and discovered at no waiver had been submitted by the
command. Therefore, in December 2008, the Naval Education and
Training Center (NETPDC) invalidated Petitioner’s February 2008, exam
because Petitioner had not received an “A” school waiver before the
end of the limiting date for advancement. This also prevented

Petitioner from participating in the August 2008, advancement exam
since he believed he was already advanced.

d. A new waiver request was submitted. While waiting for the
new package to be approved or disapproved, Petitioner’s parent command
again allowed Petitioner to participate in the February 2009, E-5/MA2
advancement exam, even though the “A” school waiver was still not
approved.

e. Finally, in March 2009, the “A” school waiver was approved by
BUPERS-329C, enclosure (7). In May 2009, Petitioner was notified that
he passed and was advanced to E-5/MA2 from the February 2009,

 

1 Pursuant to BUPERSINST 1430.16F, MA “A” school is a requirement for
advancement to the next higher pay-grade, unless a waiver is granted by PERS-

329C).
2 Per a phone conversation in July 2010 with the Enlisted Community Manager

a , the MA community who approves/disapproves waiver

requests, stated that a waiver package, once submitted with all the
appropriate documents only takes a few days to receive a final determination.
advancement cycle with an effective date of 16 November 2009, anda
TIR date of 1 July 2009, enclosure (8).

f. In February 2010, Petitioner submitted this request to the
Board for Corrections of Naval Records (BCNR) requesting to validate
his February 2008 Navy-wide Reserve advancement exam and advancement
to

E-5/MA2, enclosure (1).

g. By enclosure (2), Naval Personnel Command (NPC), recommended
that no relief be granted, stating Petitioner was ineligible to
participate in the E-5/MA2 rating exam due to not meeting the basic
requirements to participate in the advancement exam.* NPC stated that
advancement in the MA rating required completion of MA “A” school and
that Petitioner did not receive the “A” school waiver until 18 March
2009, after the February 2008 and February 2009 advancement
examination cycles.

CONCLUSION:

Upon review and consideration of all the evidence in the record, the
Board concludes that Petitioner’s request warrants favorable action.
The Board determined that Petitioner made a reasonable effort to
request a waiver of MA “A” school based on his civilian and active
duty qualifications and certifications. The Board noted that through
no fault of his own, Petitioner’s career counselor and his parent
command erroneously allowed him to participate in the February 2008,
E-5/MA2 advancement exam without an approved waiver for “A” school.
However, the Board noted that Petitioner ultimately received the
waiver for “A” school, even though it was after the fact. The Board
felt that had the command submitted the waiver request in a timely
manner, Petitioner would not have had his February 2008 advancement
exam invalidated and therefore, would have advanced based on the
February 2008 cycle. Finally, the Board noted Petitioner had his
command’s strong endorsement for a backdated advancement.
Accordingly, the Board concludes that the record should be corrected
to show that Petitioner advanced to E-5/MA2 from the February 2008
Navy-wide Reserve advancement exam.

RECOMMENDATION :

That Petitioner's naval record be corrected, where appropriate, to
show that:

 

> The requirements to participate in the E-5/MA2 advancement exam are 1) Be
recommended by your commanding officer, 2) Have TIR eligibility, and 3) Have
completed MA “A” school, or [received a waiver for “A” school].
a. Petitioner was advanced to E-5/MA2 from the February 2008
Navy-wide Reserve advancement exam with an effective date of 16 August
2008, with a Time In Rate date of 1 July 2008.

b. That a copy of the Report of Proceedings, be filed in the
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 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 J. HESS, III

Recorder Acting Recorder

5. The foregoing action of the Board is submitted for your review

and action.

Laan

W. DEAN PFEIVF
Executive Direc

hb

Reviewed and approved:

ROBERT L. WOODS

Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000