DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

LCC/TRG
Docket No: 7036-99
14 June 2000

Chairman,
Secretary

Board for Correction of Naval Records
of the Navy

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

(1) DD Form 149 w/attachments
(2) HQMC Memo 1040 RAM-5 of 20 Jan 00
(3) Subject's naval record

From:
To:

Subj:

Ref:

Encl:

Pursuant to the provisions of reference (a), Petitioner, a

1.
former enlisted member of the United States Marine Corps Reserve
filed enclosure (1) with this Board requesting, in effect,
promotion to SSGT (E-6) and reenlistment in the Marine Corps
Reserve.

The Board, consisting of Mr. Kastner,

2.
Zsalman, reviewed Petitioner's allegations of error and injustice
on 28 March 2000 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record,.
the Board consisted of the enclosures, naval records, and
applicable statutes,

Documentary material considered by

regulations and policies.

Mr. Pfeiffer and Mr.

The Board, having reviewed all the facts of record pertaining

3.
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.

Enclosure (1) was filed in a timely manner.

Petitioner was denied reenlistment in the Marine Corps

w,"s honorably discharged on 7 April 1997.

and 
reenlistment was caused by his failure to be selected for SSGT
and because he had reached length of service limitations for a
SGT (E-5).
years of active service.
paid separation pay in the amount of  

At the time of his discharge he had completed over 13

The Board has ascertained that he was

The denial of his

$26,696.27.

d.

The law which established separation pay for enlisted
members provides that an individual receiving such pay incur a
three year reserve obligation.
was not done in Petitioner's case and he had no status in the
Marine Corps reserve after 7 April

Through administrative error this

According to Petitioner

1997.

 

the message from Headquarters Marine Corps (HQMC) authorizing
separation pay stated that he should not be authorized a reserve
It is unclear from the record why this was done, but
contract.
it may be because he was also over service limitations as a SGT
in the Marine Corps Reserve.
However, an incorrect computer
entry was made which showed he was a member of the Individual
Ready Reserve.
selected to the grade of SSGT by the calendar year 1997 (CY97)
reserve selection board with the promotion to be effective 1
January 1998.
When it was discovered that Petitioner had no
military status the promotion was canceled.

As a result of this error he was considered and

e .

Apparently, Petitioner's applications for enlistment in

HQMC recognized that an injustice may have occurred

the Marine Corps Reserve were denied on several occasions during
1997. In January 1998 Petitioner again applied for enlistment in
the Marine Corps Reserve essentially contending that since he had
been selected for promotion he was no longer at service
limitations.
and authorized a one year enlistment in the USMCR to allow
Petitioner an opportunity to be selected for SSGT.
enlisted in the Marine Corps Reserve on 8 April 1998 and
immediately affiliated with a reserve unit.
began a period   of active duty for special work  
remained on active duty unit 18 December 1998.
extended his enlistment for a period of one month and he was
honorably discharged on 7 May 1999.
letter from HQMC to Petitioner, in part, as follows:

(ADSW) and
Subsequently, he

It states in a 12 April 1999

On 18 May 1998 he

Petitioner

Although your total satisfactory service at the time
was at the established limitation, we determined your
case warranted special consideration.
sterling record, service limitations were waived, and
you were approved for a 1 year reenlistment on February
25, 1998.

You enlisted in the USMCR on 8 April 1998.

Due to your

. 

. 

. You were properly reviewed  

by,the CY98 selection
. 
board for promotion in the SMCR and were not selected.
The current structure of the USMCR cannot support
further extensions of service limitations in your case
. 

. and you will receive no further USMCR service.

. 

. 

f.

Petitioner enlisted in
on 28 July 1999 in the grade of
the Guard.

the North Carolina National Guard
SGT and has performed ADSW with

At enclosure (2) is an
Headquarters Marine Corps which

Q*

advisory opinion from
states, in part, as follows:

. (His) records indicated that he currently possesses

. 

. 
a total of 14 years,

11 months and 26 days total

2

qualifying service. . . . service limits for the rank of
(He)
sergeant is established not to exceed 13 years.
was granted special consideration when he was
authorized to reenlist into the Marine Corps Reserve
for 1 year past high year tenure for his grade.
. . (He) appears to have experienced what one may view
However, it
to be a very unfortunate turn of events.
does not negate the fact that he was once passed for
promotion prior to his release from active duty, he was
not under a valid contract during the time of his
erroneous selection to staff sergeant within the
reserve component, and his failure of selection to
staff sergeant within the reserve component while he
was on a valid contract.

. It is our advisory opinion that current structure of

. 
the USMCR cannot support any changes to (the) previous
decision regarding the erroneous promotion selection
nor the service limitation situation in (his) case;
therefore, the decision  
receive no further USMCR service.

. stands and (he) will

. 

. 

. 

h.

Petitioner contends, in effect, that if he had been

properly enlisted in the Marine Corps Reserve he would have been
promoted to SSGT and would have been allowed to reenlist in the
Reserve in May 1999.
He also contends that he was not properly
considered for staff sergeant in CY98 because his status in the
Marine Corps Reserve was not properly reflected in the record.
As indicated, he desires his promotion and reenlistment in the
Marine Corps Reserve.

.

The Board has obtained a Career Retirement Credit Report

(CRCR; which shows that he has been credited with 14 years, 11
months and 26 days of qualifying service for reserve retirement.
However, the CRCR shows continuous service with no break in
service between his discharge on 7 April 1997 and his enlistment
in the USMCR on 8 April 1998.
computer entry indicating that he had status in the USMCR still
The CRCR also reveals that in
persists in Marine Corps records.
the anniversary year ending 11 May 1998 he has been credited with
45 retirement points.
Fifty retirement points are needed for a
qualifying year for reserve retirement.

This shows that the erroneous

h.

The Board is aware that by statute an individual cannot

be a member of two components of the Armed Forces at the same
time.
Therefore, any correction of his Marine Corps record must
end on 27 July 1999 the day before his enlistment in the National
Guard.
Additionally, the Board must acknowledge that any future
enlistment in the Marine Corps or Marine Corps Reserve is a

3

matter under the cognizance of the Marine Corps and is not a
correction that can be taken by this Board.

CONCLUSION:

The Board notes the unfavorable advisory opinion

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
recommending that he not be promoted because he did not have
status in the USMCR.
address the issue of whether Petitioner should have had status in
the USMCR.
circumstances of the case,
been enlisted in the Marine Corps Reserve for the required three
years.
promotion in the advisory opinion are no longer applicable.

If given such status the comments concerning his

However, the advisory opinion does not

Given his overall good record and the other

the Board believes that he should have

Therefore, the Board concludes that the record should be
corrected to show that Petitioner enlisted in the Marine Corps
Reserve on 8 April 1997 for three years vice the one year
enlistment now of record.
in the Marine Corps Reserve and his record should be further
corrected to show that he was promoted to SSGT on 1 January 1998.
Since he cannot be a member of two Armed Forces components at the
same time, the record should show that he was honorably
discharged from the Marine Corps Reserve on 27 July 1999, the day
prior to his enlistment in the North Carolina National Guard.

With this action he will have status

The Board notes that the correction to his record to show that he
was a SSGT may have an impact on the grade at which he was
enlisted in the National Guard.
resolved by this Board.

However, this issue cannot be

Additionally the Board believes that if he had status in the
Marine Corps Reserve that he would have earned a qualifying year.
Since the CRCR shows that he only needs five retirement points to
have a qualifying year,
should be credited with five  
anniversary year ending 11 May 1998.

the Board further concludes that he

nonpay retirement points in the

Finally the Board concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
Marine Corps reviewers will understand the circumstances of his
case.

RECOMMENDATION:

That Petitioner's naval record be corrected to show that

a.
he enlisted in the USMCR on 8 April 1997 for a period of three
years and that the one year enlistment of 8 April 1998 with the

4

one month extension are null and void.
show that he was honorably discharged on 27 July 1999 the day
prior to this enlistment in the National Guard.
b.
selected for promotion by the CY 1997 reserve selection board and
was promoted to SSGT on 1 January 1998.

That Petitioner's record be corrected to show that he was

The record should then

That Petitioner's record be further corrected by crediting
nonpay retirement points in the anniversary year

C .
him with five  
ending 11 May 1998.

That this Report of Proceedings be filed in Petitioner's

d.
naval record.

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

GARY L. ADAMS
Acting Recorder

Pursuant to the delegation of authority set out in Section

5.
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.

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