DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490

 

BAN
Docket No.NRO3533-14
8 May 2014

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy

Subj: A
a

Ref: (a} Title 10 U.S.C. 1552

Encl: {1) DD Form 149 w/attachments

(2) Navy Personnel Command (NPC) 1430 Ser 811/067 of
28 Feb 2014

(3) March 2013 Navy-wide Advancement Profile Sheet for
MM2/E-5 |

(4) Physical Readiness Information Management System
(PRIMS) Report of 18 Nov 2013.

(5) Administrative Remarks NAVPERS 1070/613 of 3 Apr 2013

(6) Commanding Officer’s frocking ltr of 6 Dec 2013

1. Pursuant to the provisions of reference (a) Petitioner,
file@ enclosure (1) with this Board requesting, in effect, that
the applicable naval record be corrected to validate his March
2023, Navy-wide advancement examination and show that he met the
criteria to be advanced to E-5/MM2.

2. The Board, consisting of Messrs. Zsalman, Ruskin and George,
reviewed Petitioner’s allegations of error and injustice on 28
April 2014 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. The Board also
considered enclosure (2) which is a recommendation from Naval
Personnel Command (NPC) that no relief be granted.

3. The Board, having reviewed all the facts of record
pertaining to Petitioner’s allegations of error and injustice,
finds as follows:
Docket No.NRO3533-14

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 March 2013, Petitioner was eligible and participated
in the March 2013 Navy-wide advancement examination for E-5/MM2.
On 1 April 2013, there was a mandatory command Physical Fitness
Assessment (PFA). The PFA comprised of a Physical Readiness
Test (PRT) and a Body Composition Assessment (BCA). Navy
personnel are required to pass both parts, unless waived, in
order to have a passing score. However, Petitioner was not
authorized to take the PRT since he failed the BCA portion of
the PFA with a BCA of 23% (maximum allowed is 22%).

e. On 3 April 2013, Petitioner was given a page 13
counseling entry in the Physical Readiness Information
Management System (PRIMS) due to his failure to meet the BCA
standards, enclosure (3). Petitioner was then assigned to the
Fitness Enhancement Program (FEP). FEP is mandatory for any
member who fails any portion of the PFA. Participation in FEP
was required by Petitioner until he passed the next regularly
scheduled command PFA and scored “good” or better in ali PRT
components.

 

d. In May 2013, the results of the March 2013 Navy -wide
advancement examination were released and Petitioner found out
that he was selected to advance to E-5/MM2, enciosure (4).
However, due to his PFA failure, his command withheld his
advancement until he passed the PFA requirements’.

e. On 18 November 2013, Petitioner passed the PFA and was
recommended by his commanding officer (CO) to have his promotion
reinstated, enclosure (5). Therefore, on 6 December 2013, his
CO “rocked” him to pay grade E-5/MM2, enclosure (6). However,
pursuant to the advancement manual BUPERSINST 1430.16F, the
command was required to notify PERS 812 and the Naval Education
and Training Professional Development and Technology Center
(NETPDTC) to reinstate a previously withheld advancement prior
to the limiting date of 31 December 2013, otherwise, the
advancement exam would be terminated. The command failed to

 

1 As part of OPNAVINST 6110.10 Physical Readiness Program, of 11 Jun 2011, it
states, "Enlisted Advancements. Enlisted members shall have

advancement ox frocking deferred if they have failed the most

recent official PFA. Members may participate in monthly FEP PFA to regain
eligibility. If not within standards by promotion cycle limiting date, the
advancement authority will be withdrawn”.

2
Docket. No,NRO3533-14

notify the appropriate agencies, and through no fault of
Petitioner, his advancement to E-5/MM2 was terminated.

f£. By enclosure (2), NPC recommended that no relief be
granted. NPC indicated that “failure to reinstate a previously
withheld advancement prior to the limiting date for the
advancement cycle will terminate the member’s selection”.
Although it is unfortunate, NPC asserts that a command admission
of error is not adequate justification for violation of the
policies.

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 the following factors militated in
favor of relief: That Petitioner did pass the PFA before the
limiting date, as required, that the CO endorsed Petitioner's
selection for advancement by “frocking” him prior to the
limiting date, and that it was through no fault of Petitioner
that the command made the error and Petitioner should not be
penalized for such error. Therefore, the Board concludes that
the record should be corrected to validate Petitioner’s March
2013 E-5/MM2 advancement examination and that he be advanced
with an effective date of 16 December 2013 and a Time in Rate
date of 1 July 2013.

RECOMMENDATION:

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

a. Petitioner's March 2013 E-5/MM2 advancement examination. .
will be revalidated. Petitioner will be advanced to E-5/MM2
with an effective date of 16 December 2013 and a Time in Rate
date of 1 July 2013.

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
Docket No.NRO3533-14

foregoing is a true and complete record of the Boara’s
proceedings in the above entitled matter.

Drauss t Lede /
ROBERT D. ZSALMAN BRONTE I” MONTG@MER

Recorder Acting Recorder

5. Pursuant to the delegation of authority set out in
enclosure (13) and having assured compliance with the provisions
of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723), it is
hereby announced that the foregoing corrective action, has been
approved by the Board on behalf of the Secretary of the Navy.

8 May 2014
dS Rah

ROBERT D. 4SALMAN
Acting Executive Director

Reviewed and Lilet. ¢ /ze /' zi

 

ROBERT L. WOODS

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