DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 06705-11
7 September 2011
From: Chairman, Board for Correction of Naval Records
To: . Secretary of the Navy
sub}: REVIEW OF NAVAL RECORD Qi.
Ref: {a} 10 U.8.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Naval Personnel Command (NPC) memo 1430 Ser 811/372
of 19 Jul il
(3) Subject‘’s naval record
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval vecora be corrected to show a backdated
advancement to E-4/IT3 from either the March 2010 or September
2010 Navy-wide advancement exam.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner's allegations of error and injustice
on 6 September 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. 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. 06705-1121
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 action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
as follows:
a. Petitioner was advanced to E-4/IT3 from the March 2010
Navy-wide exam with an effective date of 16 December 2010, and a
Time In Rate date of 1 July 2010.
b. NOTE: The change in the effective date of advancement
to E-4 may also impact on Petitioner’s E-5 advancement
opportunity. If Petitioner was eligible for, but did not take
an E-5 examination because the above change had not yet been
made, the following procedures will apply to remediate that
missed opportunity. Petitioner should take the next available
E-5 advancement examination. Once the results are received,
{regardless of whether selected for advancement or received
Passed but Not Advanced points), Petitioner may reapply to this
Board for consideration of advancement to E-5 retroactive to the
date Petitioner would have been advanced on the “missed”
examination cycle. A DD Form 149, a command
endorsement /recommendation, cycle profile sheets and a copy of
this letter must be included with the request. The Board will
determine whether the request will be approved.
b. That a copy of this Report of Proceedings be filed in
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 WILLTAM J. HSS;
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.
7 September 2011 TLDS fi
Fee, W. DEAN PFEIFFER
Executive Director
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