DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:lc
Docket No. 5603-01
4 October 2001
From:
Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1)
(2)
(3)
DD Form 149 w/attachments
CMC memorandum
Petitioner's Microfiche
1400/3 MMPR-2 of 8 August 2001
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 was promoted to
E-5 effective 1 January 2000.
that the applicable naval
filed enclosure (1) with
paygrade
The Board, consisting of Messrs. Brezna, Milner, and Ms.
2.
McCormick reviewed Petitioner's allegations of error and
injustice on 11 September 2001 and,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures,
records, and applicable statutes,
naval
regulations and policies.
pursuant to its regulations,
Documentary material
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and justice, finds as
follows:
a.
Petitioner was promoted to
paygrade E-4 effective
1 June 1997.
she elected to leave active duty and was discharged on
10 October 1998.
Because of a severe motor vehicle accident
b.
After full recovery from the accident Petitioner
contacted a prior service recruiter
that she would be able to reenlist and retain the rank of
corporal with a time in grade of 1 June 1997.
to these conditions and reenlisted on 1 July 1999.
(SSgt
Pena) and was informed
Petitioner agreed
C .
All of her enlistment processing documents were completed
giving her the rank of corporal with an effective date of rank as
1 June 1997.
mechanized system as 1 June 1997.
several audits of her records and was never told that her time in
grade was in error.
The information was entered into the Marine Corps
Petitioner went through
Docket No. 5603-01
d.
Petitioner was promoted to
paygrade E-5 effective
1 January 2000.
having been promoted in error because her date of rank in
paygrade E-4 was incorrect and she was administratively reduced
to
In April 2000 Petitioner was identified as
paygrade E-4.
e.
Petitioner was subsequently considered for promotion to
paygrade E-4 and
paygrade E-5 with a corrected date of rank in
was promoted to
paygrade E-5 effective 1 December 2000.
f.
Petitioner believes that since she was promised that she
could reenlist with her original date of rank of 1 June 1997 and
all her enlistment processing documents were completed reflecting
the original date of rank and it was entered into the Marine
Corps mechanized system that the date of rank should not have
been changed.
promotion to
She also believes that she should retain her
paygrade E-5 effective 1 January 2000.
h.
In correspondence attached as enclosure
(2), the office
having cognizance over the subject matter involved in
Petitioner's application,
Petitioner's request should be denied.
relies on the fact that the effective date for
1 June 1997 was in error, because her enlistment had been
authorized by HQMC with an effective date of E-4 as date of
enlistment, 1 July 1999.
has commented to the effect that
The advisory opinion
paygrade E-4 of
CONCLUSION:
In this connection, the Board finds that
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure
Board finds the existence of an injustice warranting the
requested relief.
Petitioner's promotion to
1 January 2000 should stand.
active duty with the Marine Corps all her enlistment processing
The Board
documents reflected her original E-4 date of rank.
concludes that since Petitioner clearly signed her enlistment
documents with the original date of rank and took her oath of
enlistment believing that she was enlisting with the E-4 original
date of rank the Marine Corps should not be able to change the
terms of the contract at this late date.
paygrade E-5 with an effective date of
When Petitioner enlisted for
(2), the
Accordingly, the Board recommends the following corrective
action.
Docket No. 5603-01
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that:
a.
Petitioner was promoted to
paygrade E-5 effective
1 January 2000.
It is certified that a quorum was present at the Board's
4.
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
G. L. ADAMS
Acting Recorder
The foregoing action of the Board is submitted for your
5.
review and action.
DEAN PFEI
Executive Dire
Reviewed and approved:
2 8 2001
JOSEPH
Assistant General
0. LYNCH
Counset
(Manpower And
Reserve Affairs)
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