DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 4119-00
30 August 2000.

From: Chairman, Board for Correction of 
To:

Secretary of the Navy

Naval Records

Subj:

CAP
REV

.

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)

(2)
(3)
(4)

DD Form 149 dtd 7 Nov 97
and Subject’s ltr dtd 3 Jun 00
HQMC MMOA-4 memo dtd 26  Jul 00
HQMC MMPR memo dtd 14 Aug 00 
Subject’s naval record

w/encl

1. Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed an
application at enclosure (1) with this Board requesting that his naval record be corrected to
show the date of rank and effective date in the grade of captain he would have been assigned
had he been selected to that grade by the Fiscal Year (FY) 1997 Reserve Captain Selection
Board, vice the FY 1998 Reserve Captain Selection Board. He later submitted the letter,
also at enclosure 
The current date of rank and effective date of his promotion to captain is 9 July 1997.

(l), asking that his case, previously closed at his own request, be reopened.

2. The Board, consisting of Messrs. Ensley, Schultz, and Swarens, reviewed Petitioner’s
allegations of error and injustice on 24 August 2000, 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.

(2), the Headquarters Marine Corps

In correspondence attached as enclosure 
Officer Career Counseling and Evaluation Section, Officer Assignment Branch,
subject.

(HQMC) 
Personnel Management Division (MMOA-4), the office with cognizance over the 
matter of this case, has commented to the effect that Petitioner ’s request has merit and
warrants favorable action.

In correspondence attached as enclosure 

(3), the HQMC Officer Promotion Section

(MM& has commented to the effect that had Petitioner been selected by the FY 1997
Reserve Captain Selection Board, he would have been assigned a date of rank and effective
date of 1 July 1996.

d. Petitioner has been appointed a captain in the Regular Marine Corps. The date of
rank on his commission is 9 July 1997, the date of rank he had as a captain in the Marine
Corps Reserve.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosures (2) and 
(3), the Board finds the existence of an injustice warranting
the following corrective action.

RECOMMENDATION:

That Petitioner ’s naval record be corrected, where appropriate, to show the date of
rankaand effective date on his promotion to captain, Marine Corps Reserve, as 1 July 1996,
vice 9 July 1997.

b. That his record be corrected further to show the date of rank of his original

appointment as a captain in the Regular Marine Corps as 1 July 1996, vice 9 July 1997; and
that his lineal precedence be adjusted accordingly.

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 be filed at an appropriate location in
Petitioner’s naval record, and that another copy of this report be returned to this Board,
together with any material directed to be removed from Petitioner ’s record, for retention
confidential file maintained for such purpose.

in a

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.
Recorder

ZSALMAN

w 
JONATHAN S. 
Acting Recorder

$/WV
RUSKIN

2

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.

% W. DEAN PFEIFFER

Executive Director

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
D
134-5  103

3280RUSSELL ROA
 VIRGINIA 22

QUANTICO,

 

TO:

IN REPLY REFER  
1600
MMOA-4
26 Jul 00

MEMORANDUM

FOR THE EXECUTIVE DIRECTOR, BOARD FOR

NAVAL RECORDS

CORRECTION OF

Subjl:

Ref:

(a) MMER R
Capcai
of 6 J

APTAI
MC

ase of
SM
C

Recommend approval of Captai

1.
his date of rank.

equest for backdating

He was not considered by the

Per reference (a), we reviewed Cap

2.
petition.
Selection Board due to an incorrect Unit Diary entry.
Subsequently,
Board and promoted to his present rank on 970709.
requests backdating of his date of rank.

FY97 USMC

he was selected by the FY98 USMCR Captain Selection

record and

Capta

3.

Due to an incorrect Unit Diary entry, Captai
we 

FY97 Board.
request for backdating his date of rank.

Therefore,

recommen

as not
oval of

. Marine Corps
er Career Counseling

and Evaluation Section
Officer Assignments Branch
Personnel Management Division

,DEPARTMENT  OF THE 

NAVY
 
MARINE CORPS
HEADQUARTERS UNITED STATES
MANPOWER AND RESERVE AFFAIRS DEPARTMENT

HARRY LEE HALL, 17 LEJEUNE ROAD
VlRGINlA 22134-5104

QUANTICO. 

To:

REPLY REFER 

IN 
1412/2
MMPR

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj 

-

IN THE CASE OF
USMC

Ref:

(a) MMER Route Sheet of 6 Jul 00

Encl:

(1) MCTFS Screen D600, pages l-3

Reference (a) requested an advisory opinion in the case of

1.
Captai
rank as
Promotion Selection Board.

i

requesting a backdate of

he FY97 USMCR Captain

2.

The following facts are germane:

a.

Captai

from Active-Duty on
951201, which dropped him completely from the Marine Corps. He
should have been "released"
Reserve Active-Status List.
was subsequently corrected to reflect no broken time.

from Active-Duty and joined to the
Enclosure (1) shows that his record

S "separated"

b.

Had the error not occurred, Capta
been considered by the FY97 USMCR Captain
Board.

uld have

Promotion Selection

C .

Capta
selected by t

as eligible, as an in zone officer, and
R Captain Promotion Selection Board.

Based on the above analysis,

3.
granted a backdate of rank.
will be 960701.

Captai
If granted,

his new date of rank

Id be

ntact in this matter is Capt

t

on

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