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Lawyers for U.S., Navy Seals battle over revoked Covid-19 vaccine mandate

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A lawyer representing Navy Seals who do not want to be vaccinated against Covid-19 told a federal appeals court Monday that their lawsuit over a now-withdrawn vaccine mandate isn’t moot even though Congress passed legislation last December ordering the policy canceled.

During arguments before the 5th Circuit Court of Appeals in New Orleans, attorney Heather Hacker said the service members still face the possibility of discipline over their refusal to get vaccinated and the government has not ruled out taking vaccination status into account when doling out future assignments.

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      BILLET BASED ADVANCEMENTS 2025

      CLASSIFICATION: UNCLASSIFIED// ROUTINE R 192205Z DEC 24 MID120001653834U FM CNO WASHINGTON DC TO NAVADMIN INFO CNO WASHINGTON DC BT UNCLAS NAVADMIN 255/24 PASS TO OFFICE CODES: FM CNO WASHINGTON DC//N1// INFO CNO WASHINGTON DC//N1// MSGID/GENADMIN/CNO WASHINGTON DC/N1/DEC// SUBJ/BILLET BASED ADVANCEMENTS 2025 REF/A/DOC/BUPERS/07FEB22// REF/B/MSG/CNO WASHINGTON DC/272200ZJUL23// RED/C/MSG/CNO WASHINGTON DC/121529ZMAR24// REF/D/MSG/CNO WASHINGTON DC/091538ZDEC21// REF/E/MSG/CNO WASHINGTON DC/011634ZJUN22// REF/F/MSG/CNO WASHINGTON DC/062115ZOCT22// REF/G/MSG/CNO WASHINGTON DC/101743ZMAY23// REF/H/MSG/CNO WASHINGTON DC/011532ZFEB24// REF/I/MSG CNO WASHINGTON DC/221631ZNOV22// REF/J/MSG/CNO WASHINGTON DC/081754ZDEC23// REF/K/MSG/CNO WASHINGTON DC/031326ZJUN24// REF/L/DOC/BUPERS/29SEP17// REF/M/DOC/BUPERS/22FEB20// REF/N/DOC/MEMO/25OCT21// NARR/REF A IS BUPERSINST 1430.16G CH-1, ADVANCEMENT MANUAL FOR ENLISTED PERSONNEL OF THE U.S. NAVY AND U.S. NAVY RESERVE. REF B IS NAVADMIN 168/23, NAVY-WIDE APPRENTICE (E1-E4) ADVANCEMENT CHANGES. REF C IS NAVADMIN 052/24, 2024 MERITORIOUS ADVANCEMENT SEASON ONE. REF D IS NAVADMIN 280/21, DETAILING MARKETPLACE ASSIGNMENT POLICY (DMAP). REF E IS NAVADMIN 127/22, DETAILING MARKETPLACE ASSIGNMENT POLICY PHASE I UPDATE. REF F IS NAVADMIN 228/22, DETAILING MARKETPLACE ASSIGNMENT POLICY PHASE II. REF G IS NAVADMIN 109/23, DETAILING MARKETPLACE ASSIGNMENT POLICY PHASE III. REF H IS NAVADMIN 017/24, DETAILING MARKETPLACE ASSIGNMENT POLICY PHASE IV - DC AND ABE EXCLUSIVE. REF I IS NAVADMIN 261/22, SENIOR ENLISTED MARKETPLACE - E-9 BILLET BASED ADVANCEMENT. REF J IS NAVADMIN 305/23, FY25 ACTIVE COMPONENT ADVANCEMENT AND SCREEN BOARDS FOR COMMAND MASTER CHIEF, MASTER CHIEF AND SENIOR CHIEF PETTY OFFICER. REF K IS NAVADMIN 111/24, IMPLEMENTATION OF COMMAND ADVANCE TO POSITION. REF L IS MILPERSMAN 1306-300, OVERSEAS TOUR EXTENSION INCENTIVES PROGRAM (OTEIP). REF M IS MILPERSMAN 1050-410, CONSECUTIVE OVERSEAS TOUR (COT) AND IN-PLACE CONSECUTIVE OVERSEAS TOUR (IPCOT) LEAVE ENTITLEMENT POLICY. REF N IS POLICY DECISION MEMORANDUM 002-21, SEA DUTY INCENTIVE PAY PROGRAM.// RMKS/1. This NAVADMIN announces an update on Billet Based Advancement (BBA) policies contained in references (a) through (k), and the expansion of BBA in calendar year 2025. BBA is the framework that serves to link enlisted advancements directly to billets, enables Active Duty Sailors to advance to the next-higher paygrade via Command Advance to Position (CA2P) and Advance to Position (A2P), and includes the Senior Enlisted Marketplace (SEM). BBA expands Active Duty Sailor choice, reduces the number of E-5 and above vacancies across the Fleet and reduces assignment distribution inefficiencies. Most BBA actions are initiated and adjudicated in MyNavy Assignment (MNA), providing process transparency to the Fleet. 2. Starting with the March 2025 Navy-Wide Advancement Examination cycle, ratings included in the Detailing Marketplace Assignment Policy (DMAP) will be fully integrated into BBA. These sea- intensive ratings, ABE, ABF, ABH, AME, AO, CS, DC, EM, IC, GM, GSM, MM, QM, and RS, will no longer follow the "DMAP 4+3" construct for a follow-on journeyman (E-5) sea tour, in line with reference (d). The Navy-wide Advancement Exams (NWAEs) for advancement to E-5 and E-6 for the BBA ratings will transition to Rating Knowledge Exams (RKEs) to attain CA2P and A2P eligibility. E-4 and E-5 Sailors are required to have an in-grade periodic evaluation to participate in the RKE. Active Duty Sailors who pass the RKE and have a Commanding Officer/Officer in Charge's recommendation for advancement will have a Detailing Marketplace Eligibility Indicator (DMEI) applied to their MNA record, which will allow Sailors to apply for jobs in the next-higher paygrade, regardless of Projected Rotation Date (PRD). Previous BBA Sailors (ABE and DC) that are advancement eligible on sea or shore duty may begin to apply for A2P jobs in the next MNA cycle. Active Duty BBA Sailors passing the March 2025 RKE may begin to apply for A2P jobs in the August 2025 MNA cycle. Passing the RKE will enable DMEI eligibility for 24 months. If a Sailor has not advanced in a new position within 24 months, they must retake the RKE to ensure technical competency is maintained. a. RKEs will be consistent with NWAEs as to the type and scope of questions and will be conducted using the same exam processes and timeline. E-5 and E-6 exam administration cycles will continue to be in March and September. Active Duty Sailors may retake the RKE each cycle to try and improve their Final Multiple Score (FMS), which is a scoring element in the Sailor Scoring Criteria (SSC). The FMS is based on the RKE score, performance evaluations, awards, education, service-in-paygrade, and pass not advanced points. Time in rate (TIR) is not required for Active Duty Sailors in the above listed ratings taking the E-5 and E-6 RKE. Education Service Officers (ESO) must create Enlisted Advancement Worksheets (EAW) and submit exam orders for these Sailors. To support Cycle 267 exam ordering timelines, ESOs must add exam orders for any BBA rating Active Duty Sailors missing from the Cycle 267 mass/initial TIR exam orders. As with NWAEs, Professional Military Knowledge - Eligibility Exams and Enlisted Leader Development courses are eligibility requirements to take RKEs as well as specific rating requirements. b. BBA Component Exemptions. The BBA program is not available for Sailors in the Training and the Administration of Reserve (TAR) or Selected Reserve (SELRES). c. BBA options for the journeyman pay band (E-5 and E-6) include A2P and CA2P with the following eligibility and processes. Current command must validate all advancement criteria is met prior to executing advancement. (1) A2P opportunities are advertised in MNA and eligible Active Duty Sailors in BBA ratings may submit up to seven applications per cycle; these may include jobs in their current or next-higher paygrade. Once all applications are received, MNA will score each application and Rating Detailers will review the slate. If the Sailor with the highest SSC does not meet the pre-requisite skillsets of the billet requirements, the Sailor with the next- highest score will be evaluated for A2P selection. This review will continue until a qualified Sailor is selected to fill the position. BBA Sailors selected for A2P must obligate service for 36 months, pass any applicable screening requirements and complete required billet training enroute. (2) CA2P provides an opportunity for Commanding Officers and Officers in Charge to recommend an advancement eligible BBA Sailor that has completed at least 24 months of cumulative sea time as an E-4, or 18 months of tour completion as an E-5, to remain onboard for advancement. (a) CA2P is available for all E-4 and E-5 BBA Sailors that are not within 12 months of their PRD, under orders or have orders pending release. BBA Sailors must be serving onboard a sea duty activity (Type 2, 3 or 4) or a pre-commissioning activity that has a current or projected billet vacancy in the next-higher paygrade. Shore CA2P will be considered for advancement eligible Sailors that are assigned to a command with a valid, unencumbered billet which is both aligned to that Sailors' rating and/or Navy Enlisted Classification and in the next higher paygrade. Sailors approved for CA2P on shore duty are required to obligate service for 36-months beyond their advancement date. Their PRD will not be extended. General duty billets at Recruit Training Command and on Recruiter Duty must meet the vacant paygrade for a CA2P, but requests will not be restricted to the source rating requirement. CA2P requests will be submitted in MNA via a Member Realignment Request. (b) Immediate Superiors in Command (ISIC), Type Commanders (TYCOM) and Budget Submitting Offices may also submit CA2P requests to move eligible BBA Sailors to another activity that has a job available in the next higher paygrade. These requests should be within the same geographic location. Requests will be submitted in MNA via a Cross-deck or Comp-tour Personnel Manning Action Request (PMAR). Sailors moved from one shore duty activity to another shore activity retain their original PRD and will not have their shore tour extended. (c) CA2P requests may only be submitted in MNA scrub phase and any request received at any other time will be held until the next MNA Scrub Phase. The MNA schedule is available at: https://www.mynavyhr.navy.mil/Career-Management/Detailing/MyNavy-Assignment/. (3) BBA Sailors may be frocked once Obligated Service (OBLISERVE) is achieved to meet the new assignment PRD and one of the below elements occurs: (a) Hardcopy orders for the A2P are received. (b) Manning Realignment Request is approved in MNA for CA2P. 3. SEM offers board screened Active Duty E-7 and E-8 Sailors the opportunity to apply and be selected for an E-8 and E-9 job in the next-higher paygrade. SEM will be expanded to board screened E-6 Sailors selected for E-7 to apply and be selected for an E-7 job, which will begin with the fiscal year 2026 CPO Board. E-7 advancement cycle policies for EAW, exam ordering, NWAE administration, and selection board eligibility determination remain unchanged. E-7 SEM will be executed the same as E-8 and E-9, with the exception of the timeline for frocking. E-7 Screened Sailors will go through Chief Petty Officer initiation and frocked upon completion of the six-week training and Capstone event. If eligible, Screened Sailors may remain eligible for Sea Duty Incentive Pay (SDIP). a. SEM Exemptions. SEM does not apply to Command Senior Enlisted Leader Program, Submarine, Nuclear, Musician (E-7 only), Seal, Special Boat Operator, TAR and SELRES ratings. b. SEM screening boards will operate in the same manner as legacy selection boards, with the exception that each will provide a list of Sailors screened as eligible to advance, with up to the top 15% of screened E-7s and E-8s designated as merit screened. There will be no merit screenings for E-6 Sailors successfully screened for E-7. Screened Sailors will have a DMEI applied to their MNA record, which will allow them to apply for jobs in the next-higher paygrade, regardless of PRD, Accounting Code (ACC) or order status. Sailors have up to 24 months to be selected for a job in the next- higher paygrade and if they are not selected, they must be reevaluated by the next screening board. Sailors who have lost promotion recommendation must be reviewed by the next screening board. c. SEM advancement opportunities are advertised in MNA. Sailors may submit up to seven applications per cycle; these may include jobs in their current or next-higher paygrade. Once all applications are received, MNA will score each application and Rating Detailers will review the candidates. If the Sailor with the highest SSC does not meet the pre-requisite skillsets of the billet requirements, the Sailor with the next-highest score will be evaluated for selection. This review will continue until a qualified Sailor is selected to fill the position. Sailors selected for advancement must obligate service for 36 months, pass any applicable screening requirements and complete required billet training enroute. d. Sailors selected for a SEM opportunity in the next-higher paygrade will normally complete a minimum of 12-months on board their current activity. If the losing activity needs to hold a Sailor longer to support operational commitments, they may submit an Operational Hold (OPHOLD) request for sea duty activities or an Order Modification (ORDMOD) request for shore duty activities. Approved OPHOLD or ORDMOD requests will delay the Sailors frocking and advancement date. e. SEM screened Sailors that are within the normal 12-month order negotiation window may apply for jobs within their current or next-higher paygrade. Sailors that are not selected for a job in the next-higher paygrade may be selected for a job within their current paygrade, but they remain eligible to apply for jobs in the next-higher paygrade, regardless of PRD, ACC or order status. Sailors have up to 24-months to be selected for a job in the next- higher paygrade and if not, they must be reevaluated by the next screening board. f. E-8/E-9 Sailors may be frocked once OBLISERVE is achieved to meet the new assignment PRD and hardcopy orders for the advancement are received. E-8/E-9 Sailors that were previously directed frocking 30 days before orders execution may be frocked once OBLISERVE is achieved to meet the new assignment PRD and hardcopy orders are for the advancement are received. 4. BBA Assignment Limitations. Sailors with assignment limitations or considerations will have the ability to apply for BBA (A2P, CA2P, and SEM) opportunities. The following guidelines enhance MNA behavior to increase Sailor choice and support overall operational readiness. These guidelines are in addition to, and not overriding, overarching policy for each category. a. Military Couple Colocation. If both Sailors in a military couple are advancement eligible and participating in the same MNA cycle, the first Sailor that is selected for a job in the next- higher paygrade becomes the lead Sailor in the assignment process. The PRD for the spouse will be adjusted to match the lead Sailor's anticipated transfer month, which will give the Sailor an opportunity to continue to apply for an advancement that matches the spouse's new duty location. If the non-lead spouse is not selected for an advancement opportunity, rating detailers will select the Sailor for a job within the current paygrade in the lead spouse's new duty location. If eligible, the spouse may continue to apply for an advancement opportunity. Sea and shore rotation will be considered in the assignment process for both spouses. b. Assignments for less than 12 months. Advancement-eligible Sailors on a tour of less than 12 months may apply for a job in their current or next-higher paygrade. If they are not selected for an advancement opportunity, they may be selected for an in-paygrade job. If the Sailor is unable to fill the billet within three months of the orders' report date, orders will be canceled, and the Rating Detailer will evaluate the circumstance. Advancement eligible Sailors may continue to apply for advancement opportunities in MNA, regardless of their PRD, personnel ACC, or order status. c. Operational limiting assignments for greater than 12 months. Advancement-eligible Sailors may apply for a job in their current or next-higher paygrade that they are eligible to fill at any time. If they are not selected for an advancement opportunity, they may be selected for an in-paygrade job. Sailors should be making applications in MNA beginning no later than 12 months prior to their PRD. If the Sailor is unable to fill the billet within three months of the orders' report date, orders will be canceled, and the Rating Detailer will evaluate the circumstance. Advancement eligible Sailors may continue to apply for advancement opportunities in MNA, regardless of their PRD, personnel ACC, or order status. d. Exceptional Family Member (EFM). Sailors that are assigned as EFM will apply for orders for advancement within MNA. Sailors should consider their family care needs when applying. Orders for Sailor's enrolled in EFM will be routed through PERS-456 for review to ensure that care is available in the new duty location. If care is not available, Sailors will need wait to reapply for an advancement opportunity in the next MNA cycle. Sailors within their normal order negotiation window may be selected for in-paygrade jobs that will satisfy their EFM needs and they may continue to apply for advancement billets in MNA cycles until selected for an advancement assignment. e. Decommissioning Units. Advancement eligible Sailors that are assigned to a decommissioning unit that are eligible for advancement may continue to apply for advancement opportunities via MNA. TYCOM and ISIC may submit CA2P requests in MNA via a Crossdeck PMAR to activities within their area of responsibility. f. Tour Extension Programs. Overseas Tour Extension Incentive Program, Consecutive Overseas Tour, and SDIP are applicable incentive programs in line with references (l) through (n). CA2P advancements will incur a 36-month tour extension and allow one-time use of benefits in accordance with selected option. g. Legal Hold. Sailors selected for A2P, CA2P or SEM who are on legal hold, and not authorized to transfer within three months of their estimated date of departure will have their orders cancelled. Sailors will be able to renegotiate for an advancement opportunity once the legal issue is resolved. 5. SSC Updates. SSC for both journey man and supervisors will be evaluated annually and updates will be published in July each year. SSC information is posted on the Detailing Marketplace website: (https://www.mynavyhr.navy.mil/Career-Management/Detailing/Enlisted/Detailing-Marketplace/) 6. Exception to Policy (ETP). ETP requests will be submitted on command letterhead, and requests must be signed by the requesting Commanding Officer or Officer in Charge. Each request will include the unit identification code and billet sequence code requesting consideration along with the reason why the special consideration is requested. Both the Sailor and the Commanding Officer or Officer in Charge must agree on the ETP request. If approved, Sailors must obligate service for 36 months. Sailors will have their PRDs adjusted to meet tour requirements. All SEM ETP requests must include a Flag endorsement. 7. For general questions on BBA contact bba.fct@navy.mil. For general career information, please contact the MyNavy Career Center at 833-330-MNCC (6622) or askmncc@navy.mil. For questions or clarification on the SEM, contact srenlistedmarket.fct@navy.mil. 8. This message will remain in effect until superseded or canceled. 9. Released by Vice Admiral Richard J. Cheeseman, Jr., N1.// BT #0001 NNNN CLASSIFICATION: UNCLASSIFIED//
      Tony in Navy Advancement Results, Exam, Bibs Forum
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