DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 13-01
25 October 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
EX-CAP
REVIEW OF NAVAL RECORD
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
(4)
(5)
(6)
Dee 00 w/attachment
DD Form 149 dtd 29
Subject’s e-mail dtd 7 May 01
HQMC MMPR memo dtd 21 Feb 01
Subject’s ltr dtd 5 Mar 01 w/encls
w/encl
Subject’s ltr dtd 10 Sep 01
Subject’s naval record
1. Pursuant to 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 he was promoted to major, United States Marine Corps Reserve, with a date of rank
and effective date of 1 June 1992. By enclosure
(2), he amended his application to show he
was discharged from the Marine Corps Reserve on 2 October 1992 in the grade of major.
2. The Board, consisting of Messrs. Brezna and
Petitioner’s allegations of error and injustice on 24 October 2001, 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.
Mackey and Ms. Schnittman, reviewed
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 discharged from the Regular Marine Corps on 1 December 1990. He
accepted a commission in the Marine Corps Reserve on 6 January 1992. He provided
correspondence dated 16 March 1992 from the Marine Corps Reserve Support Center
(MCRSC) to a recruiter with the Tennessee Air National Guard
Petitioner had been discharged. Petitioner states this caused him and the TNANG to believe
he had no Marine Corps status. He enlisted in the TNANG on 5 June 1992.
(TNANG), advising that
C.
In correspondence attached as enclosure
(3), the Headquarters
Marine
Corps office
with cognizance over the subject matter of Petitioner’s case has commented to the effect that
his promotion to major in the Marine Corps Reserve with a date of rank and effective date of
1 October 1992 was nullified because of his enlistment in the TNANG on 5 June 1992.
r?
.-(
I
d.
In his letter at enclosure
(4), Petitioner reiterated his original request to show he was
promoted to major in the Marine Corps Reserve with a date of rank of 1 June 1992, and he
again noted the correspondence of 16 March 1992 from the MCRSC. He asked rhetorically
whether a reasonable individual would have enlisted in the TNANG if he had had an
expectation of promotion to major in the Marine Corps Reserve.
e. By his letter at enclosure
(5), Petitioner provided a copy of the decision of the Air
Force Board for Correction of Military Records (AFBCMR) in his case. The AFBCMR
decisional document reflects that the date of his enlistment in the TNANG was changed from
5 June 1992 to 3 October 1992.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board finds an injustice
warranting the requested relief.
In light of the AFBCMR action to show Petitioner did not enlist in the TNANG until
3 October 1992, the Board finds that his previously nullified promotion to major with a date
of rank and effective date of 1 October 1992 should be restored; and that his record should
be further corrected to show he was discharged from the Marine Corps Reserve on
2 October 1992, the day before his corrected date of enlistment in the TNANG.
In view of the above, the Board directs the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected, where appropriate, to show he was
promoted to major in the Marine Corps Reserve, with a date of rank and effective date of
1 October 1992.
b. That Petitioner’s record be further corrected to show he was discharged from the
Marine Corps Reserve on 2 October 1992 in the grade of major.
C.
That any material or entries inconsistent with the Board’s recommendation be
corrected, removed or completely expunged from Petitioner’s record and that no such entries
or material be added to the record in the future.
d. That a copy of this Report of Proceedings
Petitioner’s naval record, and that another copy of
be filed at an appropriate location in
this report be returned to this Board,
2
together with any material directed to be removed from Petitioner ’s record, for retention in a
confidential file maintained for such purpose.
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 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
Recorder
’ &
-%L.qj~L
JONATHAN S.
Acting Recorder
/cLz&l2F
/jj -
’
RUSKIN
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.
NAVY | BCNR | CY2001 | 08299-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BJG Docket No: 8299-01 13 February 2003 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. 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 that he was not...
NAVY | BCNR | CY2001 | 02621-00
Y DEPARTMENT OF THE NAV BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BJG Docket No: 2621-00 27 June 2fKKl From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: Ref: Encl: : USMCR (RET (a) Title 10 U.S.C. the Marine Corps Reserve There is no indication July-l b. Petitioner retired from the IRR effective 1 January 2000. this Headquarters informally opined' that In March 2000, Petitioner was promoted to colonel effective 1 July...
NAVY | BCNR | CY2001 | 05326-01
That Petitioner ’s naval record be corrected by removing his failures by the FY 1996 and 1997 Major Selection Boards. 's record and his FY-96 and FY-97 920528. Point of contact Major, U.S. Marine Corps Head, Officer Counseling and Evaluation Section Officer Assignment Branch Personnel Management Division DEPARTMENT OF THE NAV HEADQUARTERS UNITED STATES MARINE CORPS D 3280 RUSSELL ROA QUANTICO, VIRGINIA 221 34-51 0 Y 3 IN REPLY REFER TO: 1600 MMOA-4 14 Aug 01 MEMORANDUM FOR THE EXECUTIVE...
NAVY | BCNR | CY2001 | 08696-00
1552 (1) (2) (3) (4) DD Form 149 w/attachments E-mail from CMC memo Petitioner's Microfiche MSgt Hull, Career Counselor 1400/3, MMPR-2, 12 Feb 01 filed enclosure (1) with that the applicable naval paygrade E-8 for the CY96 Active Pursuant to the provisions of reference (a), subject, 1. hereinafter, referred to as Petitioner, this Board requesting, in effect, record be corrected to show Petitioner is entitled to remedial promotion consideration to Reserve (AR) Staff Noncommissioned Officer...
NAVY | BCNR | CY2002 | 02022-02
1552 Encl: (1) (2) (3) DD Form 149 dtd 16 Jan 02 w/attachments PERS-80 memo dtd 23 Apr 02 Subject’s naval record Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, 1. filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of lieutenant he would have been assigned had he been promoted to that grade pursuant to his selection by...
NAVY | BCNR | CY2002 | 05756-02
The Board, consisting of Messrs. Chapman, Kim and Pfeiffer, reviewed Petitioner allegations of error and injustice on 3 October 2002, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 2001 (copy in enclosure (1) at Tab A), she was advised of her message of 28 December selection for appointment to the CEC by the November 2001 Transfer/Redesignation Selection Board. They recommended changing her date of...
NAVY | BCNR | CY2002 | 06028-00
As reflected in enclosure record as he requested, but modified it by removing the following RS verbiage: qualified for promotion at this time but.. mark in item 19 from “NA” to “yes.” .” Also, as shown in enclosure (2), the HQMC PERB did not remove this report from Petitioner ’s “He is not (3), they changed the g* The fifth contested fitness report, for 28 June to 20 July 1985 (Tab E), from a third RS, also documents only that the following be deleted from the RS comments: Petitioner Is...
NAVY | BCNR | CY2002 | 07468-02
Regarding the remaining contested fitness report for 1 November 6 December 1996, Petitioner contends that this report is adverse, but was as it should have been, for the opportunity to make a rebuttal; that the comments and marks are inconsistent; that this report was submitted at the same time as the preceding report at issue, giving him no time to improve; and finally, that this report, in which he was ranked below all six of the other captains compared with him, was an attempt to help the...
NAVY | BCNR | CY2001 | 00283-01
In addition, the Board considered the advisory opinions furnished by the Navy Personnel Command dated 21 March 2001 and undated, copies of which are attached. References (b) through (d) refer to clinical studies on head injury and multiple sclerosis. '_s request to have his records corrected to show that he was retired from the Marine Corps by reason of "combat related" physical disability in the rank of major.
NAVY | BCNR | CY2002 | 05822-01
d. Enclosure (4) is the advisory opinion from the HQMC Career Management Team (CMT) recommending denial of Petitioner ’s request to remove his failure of selection before the FY 2002 Reserve Lieutenant Colonel Selection Board. [Petitioner ’s] overall record is less than competitive when compared with his peers. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has Date of Report Reporting...