DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
lc
LCC :
Docket
19 October 2001
No.8696-00
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)
(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 (SNCO) Selection Board
for Military Occupational Specialty (MOS) 8412.
The Board, consisting of Messrs. Kastner,
2.
McCormick reviewed Petitioner's allegations of error and
injustice on 16 October 2001
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
and, pursuant to its regulations,
McPartlin, and Ms.
Documentary material
regulations and policies.
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and justice, finds as
follows:
a.
Prior to filing enclosure (1) with this Board, Petitioner
exhausted all administrative remedies afforded under existing law
and regulations with the department of the Navy.
Petitioner completed his Professional Military Education
(PMEyon 16 October 1996 and checked his personnel records to
insure it reflected the completion date.
The CY96 AR SNCO
Selection Board met on
26 October 1996.
C .
After the Board reported out Petitioner was informed that
He discussed his failure
he had failed selection for promotion.
of selection with his career counselor who told him his failure
was
(PFT) score was not in the system.
that his physical fitness test
due to keen competition and
Docket No. 8696-00
d.
Petitioner immediately submitted a request for remedial
promotion but the Sergeant Major of MCRSC told him he didn't have
a good reason to submit the request so Petitioner did not pursue
the matter.
e.
There were no allocations for MOS 8412 in CY97 and CY98.
Petitioner again failed of selection when the
Selection Board met.
He discussed his situation with his career
counselor and was informed that the Board did not find him fully
qualified for promotion because his records did not show that his
PME had been completed.
CY99 AR SNCO
f.
This time when Petitioner submitted his request for
remedial promotion consideration to
forwarded to Headquarters Marine Corps (HQMC).
requested that he be given remedial consideration for CY96 and
CY99.
to
He was given remedial consideration for promotion for
paygrade E-8 and was selected for promotion.
paygrade E-8 the request was
Petitioner
CY99
HQMC gave him remedial consideration for promotion only
‘cl-
CY99 because his package had been submitted over 3 years
for
after the results of the CY96 selection board had been released.
HQMC did not take into consideration that Petitioner had
attempted to submit a request for remedial consideration after
the board results had been released for CY96 and the Sergeant
Major of MCRSC had informed him he didn't have a good reason to
submit the request.
h.
The requirement for PME to be completed before a
servicemember can be considered as fully qualified for promotion
became a requirement in 1997.
a requirement prior to 1997 it cannot be used as a reason to
request remedial promotion.
HQMC states that since it was not
i.
Petitioner responds
thathe was informed by
MSgt Hull,
his career counselor,
than fully qualified due to noncompletion of
PME" for both the
1996 and the 1999 AR SNCO Selection Boards.
See enclosure (2).
As a result he was not given a fair and equitable opportunity for
promotion to
that his records were marked as being "less
paygrade E-8 in CY96.
j.
In correspondence attached as enclosure
(3), the office
having cognizance over the subject matter involved in
Petitioner's application recommends denial, commenting that PME
requirements for promotion for reserve Marines did not become
effective until October 1997,
Petitioner remedial consideration for the CY96 AR SNCO Reserve
Selection Board.
so no basis exists to grant
CONCLUSION:
Docket No. 8696-00
(3), the
because his PME had not been
The Board opined that competition at the
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.
In this connection, the Board believes that
Petitioner was not given an equitable opportunity for promotion
along with his peers when his record was identified as being
"less than fully qualified"
completed and his record erroneously indicated that he had not
completed his PFT.
senior grades is extremely competitive and selection board
members look for a way to identify an individual as not being
fully qualified as a means to not select individuals for
promotion.
prior to the Board meeting his records should not have been
identified as
his peers Petitioner should be given remedial consideration for
promotion for the CY96 AR SNCO Selection Board. Moreover,
Petitioner tried to comply with the rule HQMC requiring
applications be submitted within 3 years of the board results
however his sergeant major advised him he did not have a sound
basis for submitting such a request.
Accordingly, the Board recommends the following corrective
action.
Since Petitioner's PME and PFT had been completed
"less than fully qualified".
To create parity with
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that:
a.
Petitioner will be given remedial promotion
consideration for promotion to
Reserve Staff Noncommissioned Officer Selection Board.
paygrade E-8 for the CY96 Active
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above-entitled
matter.
ROBERT D. ZSALMAN
Recorder
\k
CLh
L. ADAMS
G.
Acting Recorder
The foregoing action of the Board is submitted for your
5.
review and action.
Docket No. 8696-00
Reviewed and approved:
NOV 2 8
2001
C .
(Manpower And Reserve
1YNCH
KMPH
Assistant General Counsel
Affairs)
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