DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 12497-10
4 Apr ll
From: Chairman, Board for Correction of Naval Records
TO? Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
er aga Re
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNRC memo 1133 Ser N322 of 24 Mar 11
(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 enlistment in paygrade E-3, vice E-1.
2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 4 April
2011 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 was previously enlisted in paygrade E-3 under the
provisions of the Nuclear Field Program. He was disenrolled from that
program and subsequently reduced to paygrade E-1 effective on or about
8 September 2010.
ec. 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.
Docket No. 12497-10
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
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. He was enlisted in paygrade E-3 effective 5 January 2010
(Active Duty Service Date). Petitioner met the advanced paygrade
criteria based on college credits.
b. He was not reduced to paygrade E-1 on or about 8 September
2010, after disenrollment from the Nuclear Field Program, but
continued in paygrade E-3 (Petitioner had previously been enlisted in
paygrade E-3 based on the Nuclear Field Program) .
c. 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, but did not take an E-4 examination
because the above change had not been made, the following procedures
will apply to remediate that missed opportunity. Petitioner should
take the next available E-4 advancement examination. 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 this Board for consideration of
advancement to E-4 retroactive to the date Petitioner would have been
advanced on the “missed” examination cycle. A DD Form 149, a command
endorsement/recommendation, and a copy of this letter must be included
with the request. The Board will determine whether the request will
be approved.
d. 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.
ROBERT D. ZSALMAN WILLIAM J. sof Co
Recorder Acting Recorder
Docket No. 12497-10
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.
a KD
4 April 2011
ere—W. DEAN PFEIFFER
Executive Director
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