DEPARTMENTOFTHENAVY
		BOARD FOR CORRECTION OF NAVAL RECORDS
							   2NAVYANNEX
                  WASHINGTON DC 20370-5100

	TRG
Docket No:	5617-07
3 October 2007

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

Subj:	REVIEW OF NAVAL RECORD OF EX

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

End:	(1) Case Summary
(2)	Subject’s naval record

1. Pursuant to the provisions of reference (a), Petitioner, a
former commission officer in the Marine Corps, filed an
application with this Board requesting that he be granted a
reserve commission and that he be considered for promotion by a
special selection board. 

2. the Board, consisting of Ms.  Ms. and Mr. reviewed Petitioner’s allegations of error and injustice
on 2 October 2007 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’s application was filed in a timely manner.

c.	Petitioner was honorably discharged on 26 May 2005 because he was not selected for promotion to major. At that time, he had completed 10 years, 4 months and 18 days of active service. He has submitted documentation showing that his request for a reserve commission had been approved. However, no action was taken to issue a reserve commission.

d.	Attached to enclosure (1) is an advisory opinion from Headquarters Marine Corps (HQMC) which states, in part, as follows:

we recommended that his record of service reflect
IRR [Individual Ready Reserve] for the periods [sic] of 20050527 - present. ... SNN [Subject named Marinej was not evaluated for promotion with his peers. As this was no fault of [Petitioner] we recommend that his request for a special selection board be granted and if selected to the rank of Major [sic] he be given a DOR [date of rank] of 01 June 06.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. Given the circumstances of the case and the recommendation of HQMC, the Board concludes that Petitioner’s record should be corrected to show that he accepted a reserve commission on 27 May 2005. Further, as recommended in the advisory opinion, his record should be considered by a special selection board for the Fiscal Year 2006 Reserve Major Selection Board.

The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the facts of the case and the reason for the special selection board.

RECOMMENDATION:

a. that Petitioner’s naval record be corrected to show that on 27 March 2005. he was commissioned in the Marine Corps Reserve in the grade of captain.

b. That Petitioner’s record be considered by an FY 2006 Reserve Major Special Selection Board.

c. That this Report of Proceedings be filed in Petitioner’s naval record.

4. 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	BRIAN J. GEORGE
Recorder	Acting Recorder

5. The foregoing report of the Board is submitted for your review and action.

							W. DEAN PFEIFFER
									Executive Director

Reviewed and approved:

Robert T. Call
Assistant General Counsel
Manpower and Reserve Affairs)