DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 09358-10
5 November 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
ee nm ssavr eel
REVIEW OF | RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 27 Aug 10 w/attachments
(2) PERS-812 memo dtd 5 Oct 10
1. Pursuant to the provisions of reference (a), Bubject,
hereinafter referred to as Petitioner, filed enclosure (1) with this
Board requesting, in effect, that the applicable naval record be
corrected to show he had 10 awards points, vice 8, for the Cycle 085
examination for advancement to BM1 (pay grade E-6). He impliedly
requested that his final multiple score (FMS) be adjusted accordingly
and, if the adjusted FMS is high enough, that he be advanced to BM1.
>. The Board, consisting of Ms. White-Olson and Messrs. Chapman and
Ivins, reviewed Petitioner's allegations of error and injustice on
4 November 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 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 enclosure (2), the Navy Personnel Command office with
cognizance over the subject matter of Petitioner's case commented
to the effect the request has merit and warrants favorable action.
That office specifically recommended changing his award points from
8 to 10, raising his FMS from 167.40 to 169.40, and advancing him
to BM1 with an effective date of 16 June 2010 and time-in-rate (TIR)
date of 1 January 2010.
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 error and injustice warranting the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected, where
appropriate, to show he had 10 awards points, vice 8, for the Cycle
085 examination for advancement to BM1; and that his FMS was 169.40,
vice 167.40.
b. That his record be corrected further to show he was advanced
to BM1 with an effective date of 16 June 2010 and TIR date of 1 January
2010.
c. That a copy of this Report of Proceedings be filed at an
appropriate location in Petitioner's naval record, and that another
copy of this report be returned to this Board, together with any
material directed to be removed from Petitioner's record, for
retention in a confidential file maintained for such purpose.
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 JONATHAN S. RUSKIN
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 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.
ON gt te al pienies
“WwW. DE ER
Executive Director
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