DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

LCC:ddj
Docket No: 99   l-02
19 November 2002

This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session,
considered your application on 19 November 2002. Your allegations of error and injustice were
reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by the Board consisted of your
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
opinion furnished by CMC memorandum 1420 RAP 22 of
attached.

In addition, the Board considered the advisory

5 November 2002, a copy of which is

 

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained in
the advisory opinion. Accordingly, your application has   been denied. The names and votes of
the members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable action cannot be taken.
You are entitled to have the Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all official records.
when applying for a correction of an official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or injustice.

In this regard, it is important
Consequently,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE 

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 

221346103

IN REPLY REFER  TO:
1420
RAP-22

MEMORANDUM FOR THE EXECUTIVE
NAVAL RECORDS

DIRECTOR, BOARD FOR CORRECTION OF

Subj 

:

Ref:

Encl:

(a)

(b)
Cc)
Cd)

(1)

(2)
(3)

OF

1001.52J (Active Reserve (AR) Support to the

P1400.32C (MARCORPROMMAN, VOL 2, ENLPROM)

MC0 
Reserve Component (RC))
MC0 
MARADMIN 
MARADMIN 

590/00
146/01

Corporal Newsome's Request for Active Duty with the
Active Reserve (AR) Program (without enclosures)
CMC (RAM-2)  
CMC (RAM-2) msg 171526 Jan 01

lOOl/RAM-2 dtd 7 

Dee 00 w/endorsement

ltr 

1.
Corporal
been reviewe

application with supporting documents has

concerning his request for promotion to Sergeant.

Reference (a) prescribes policies and procedures pertaining

2.
to the selection, assignment, retention, and administration of
the Active Reserve (AR) program.
this reference apply to this case.

The following paragraphs from

a.

Paragraph 4.b states that applications to the program

will be submitted per published Marine Corps Bulletins and this
order.

Paragraph 

b.
4-c.(3)  states that promotions to and within
NC0 ranks for AR Marines are conducted quarterly (Jan, Apr,

the 
Jul, and 

Ott) per reference (b).

C .

Paragraph 8.d states that assignments for personnel

accepting their initial contract will normally be accomplished
within 90 days of selection.

3.
active duty w
Corpora
(I))
assignment on

Per reference (a), Corporal
program
indicated that he would be available for
ry 2001.

submitted a request for
vember 2000.

(Enclosure

Subj:

OF

Reference (c) announced results of the  

4.
Accession Board.
selected.
accession would be notified by separate correspondence
concerning billet assignment and assignment dates.

Paragraph 2 stated that members selected for

Newsome was on the list of those

Corporal 

FYOl-3 AR Enlisted

a.

CMC  (RAM-2)  sent enclosure (2) to Corporal

on 7

December 2001.
Corporal
letter and return it wit

was instructed to endorse the
ays of receipt.

b.

Corporal

endorsed this letter on 12 January

2001.
date to his new command of 23 February 2001.

As part of this endorsement he provided a desired report

C .

As a result of this endorsement and Corporal

request for a report date of 23 February 2001, CMC (RAM-2)
published a set of orders on 17 January 2001 for Corporal
Newsome  ordering him to active duty
(Enclosure (3))

effective 23 February 2001.

The following comments/opinions

5.
provided:

concerning this case are

a.

References (a) and (c) make
no provisions for a minimum
time frame for assignment to the AR
program.
states that initial accessions will
normally be accomplished
within 90 days.
The Active Reserve
Program assigns new
accessions to positions based on the needs of the Program.
Assignment dates are also based on the needs of the Program.
While there is no requirement for immediate assignment to the AR
Program, RAM-2 makes every attempt to make assignments based on
the individual Marine's  

reques.t.

Reference (a) only

b.

RAM-2 requires a minimum ten-day period from the date

release from active duty to the date of assignment to the AR
program.
This period of time allows enough time for ensuring
Marine's electronic record is ready for him/her to be accessed
to the AR program.
Marines onto the AR Program before ten days have elapsed leads
to pay problems upon accession to the AR Program.

Experience has shown that attempts to access

of

a

C .

Corporal

understood that he would not be

activeiduty  in the AR program before 19 February

accessed on  
2001 when he submitted his request on 14 November 2000. He
extended this initial date to 23 February 2001 when he endorsed
his acceptance letter on 12 January 2001.

2

Subj:

ADVISORY 

OP.LL~JION IN THE CASE OF 

CORPORALI

d.

Information regarding promotions within the AR
Corporal

is contained within references (a) and (b).
submitted his request for active duty with the AR program per
reference (a) and it is reasonable to expect him to have
understood the requirements of the program prior to submitting
an application.

e.

RAM-2  and Corporal

had no reasonable way of
knowing the impacts of these decisions at the time they were
made.
promotion to Sergeant for 1 April 2001 until 23 March 2001
(reference 
program.

(d))--one  month after his initial accession to the

In fact, CMC (MMPR) did not publish the cutting score for

f.

Per reference (a),

applications for active duty with the

AR program are periodically solicited by RAM-2.
applying for and accepted to the AR program are in a variety of
different statuses within the active and reserve components, and
are available for active duty with the AR Program on different
dates.
promotion eligibility and not possible to forecast cutting
scores in advance to assist all Marines accessing to the AR
program.

it is not feasible to track

Given this variety,

Personnel

g-

The timing of Corporal

ccession  to the AR

program relative to the cutoff date for computation of the
cutting score for
However, Corporal
case that demonstrates proper policies and procedures were not
followed as part of his accession to the AR program.
Further,
the ten-day break requirement would have allowed him to make the
cutoff for cutting scores for promotion on 1 April 2001 had he
requested this date in his endorsement to enclosure (2).

n to Sergeant is unfortunate.
presents no information regarding his

6.

In view of the above,

it is recommended that Corporal

request for promotion to Sergeant effective 20010401

be denied.

7.

Point of contact is Ma

Head, Reserve Affairs Personnel
Plans and Policy Branch
By direction

3

UNITED  STATES MARINE CORPS

Marine Aerial Refueler  

.Transport  Squadron 234

Marine Aircraft Group 41

Fourth Marine Aircraft Wing

Naval Air Station Fort Worth JRB, TX 76127

IN REPLY  REFER TO
1001
AVI
14  NOV 

00

From:
To:
Via:

Corporal
Commandant of the Marine Corps
(1) Commanding Officer, Marine Aerial Refueler Transport

(RAM-2)

USMC

Squadron 234, Marine Aircraft Group 41

(2) Commanding Officer, Marine Aircraft Group 41

Subj:

REQUEST FOR ACTIVE DUTY WITH THE ACTIVE RESERVE (AR)
PROGRAM (CAREER FORCE TOUR)

Ref:

(A) 

MC0 

1001.52H

Encl:

(1) Current Photograph
(2) Certified True Copy of SRB pages  3, 9, 11  and 12
(3) Financial Statement
(4) Independent Duty Screening Checklist
(5) MCTFS TBTR Screen Printout
(6) MCTFS TROS Screen Printout

Per the reference,

1.
the AR Program.

I request consideration for assignment in

2 .

My current personal data is as follows:

lbs

75 inches
170 

I am currently affiliated with the ACDU USMC.
Height:
Weight:
Single
Marital Status:
Number of Dependents:   0
Forecasted Date of Terminal
Address After  
Home Phone After EAS.
Current DOR:
Current Home Mailing  
Current Home Phone:
Current Work Phone:  
Current FAX Number:
Unit Phone:
Unit POC:

01 Apr 00

Leave:

Addr

EAS:

~"01

DSN: 739-7082 Comm: (817) 782-7082

19 Jan 01

Subj:

REQUEST FOR ACTIVE DUTY WITH
PROGRAM (CAREER FORCE TOUR)

THE ACTIVE RESERVE (AR)

3.

I am applying for the following

specific billet:

MOS
6336

Grade
E-4

Location
Fort Worth,  TX

T/O
882UA 3705

Line

I have normal color vision.

I am a U.S. citizen.

I will accept ariy assignment to active duty with the 

4.
program based on the needs of the Marine Corps.

AR

5.

If selected,

I will be available on:

19 Feb 01

a

DEPARTM.ENT  OF 

nrAdaumrft3s  UNITED   STATE? 

TtiE  NAW

MARINE.  CORPS

3280 

RUShlELL  ROA D
WJiNTlCO.  VIRG INIA  22 134-S  

103

1001
RAM-2
7 

Dee 00

Fro
To:

Subj:

Ref:

ACCEPTANCE OF ACTIVE   DUTY ASSIGNMENT IN THE ACTIVE RESERVE (AR) 

PROGRAM

(a) 
(b) 

MC0 
MC0 

1001.52H
P1040R.35B

It is a pleasure to inform you of your selection 

1.
duty  with the AR program to fill the following position:

for a  36-month tour of  active

QUALITY ASSURANCE (6336)

FORT WORTH TX
8820A 3705

Conditions of-service and options for continuation in the AR program 

2.
in reference (a).
during your tour based upon the needs of the Marine Corps.

You may  be assigned to a different billet at a different location

tire outlined

If obligated contractual service is  

3.
assignment,
Corps Reserve  in accordance with the guidelines provided in reference (b).
will be issued when a copy of
36-month tour is received at this Headquarters 

Marine
Orders
the enlistment contract or extension which covers the

cite this letter as the authority to extend or reenlist in the 

reqilired to cover the period of this

@M-2)..

You are advised that promotion to the next higher grade under an active duty,

4.
Selected Marine Corps Reserve,
accession to the AR program may disqualify you from this assignment.

or Individual Ready Reserve allocation prior to

If you do not possess a Military Occupational Specialty  

5.
with the position listed in paragraph 1 above,
to active duty this Headquarters 'will provide funding. and assignment to the
appropriate MOS producing school.
failure to attend or complete the requisite
very short notice.
MOS training as directed by this Headquarters may lead to termination of your active
duty assignment.

(MOS) that corresponds
you are advised that upon assignment

Assignment to available school seats may be on

Per reference (a),

Sign the 

6.
of the  date  of 
result in this assignment: being. cancelled.
consent to   perform 

attached.,memorandum  and return  both 
.letter. as notification  of 
duty.may  not   b&withdrawn 

this 
this  

You 

pagea  of this -letter within 
youracceptance.
Failure to do 

arti  advised that, 
aqd  constitutes a   binding 

once  

givh,  your

contract.

30'days
so will

Contact this Headquarters (RAM-2) ASAP,
coml (703) 

7.
or 
assignment to active duty;

784-9109/9120/9121,  or DSN 

Collect calls are authorized.

at Toll free (877) 415-9275, Option 

278-9109/9120/9121  to coordinate your

#2,

1 

'd

85LS  

Z8L  

L18  

1 

SNOIlVEldO  

V&Z-tj3WA  

WOtlJ

WV&0:8  

100Z-Zl-L

MEMORANDUM ENDORSEMENT

From
To:

Subj :

299 70 
corps (RAM-2)

9238/6336  USMC

ACCEPTANCE OF ACTIVE DUTY ASSIGNMENT IN THE ACTIVE RESERVE (AR) PROGRAM

I hereby accept the conditions of assignment outlined above to fulfill a

1.
36-month tour of active duty with the AR program to fill the following position:

QUALITY 

ASSURANCE (6336)

FORT WORTH TX
8820A 3705

/2 
(Date)

JAN 

61

DESIRED REPORT DATE TO NEW COMMAND:
___________________---_--_--_---__-_--~~~~~~_~~_------~--~~---~~-_---------_
CLEARLY PRINT THE BELOW INFORMATION TO EXPEDITE THE ORDER WRITING PROCESS

0)
/ YEAR

33  
DAY 

/ MONTH 

03  

In case of emergency,
YOU)

Name

who should be contacted?

(Someone other than traveling with

I% 
Relationship

WWCK

City

_ _

._._

Phone Number

AUTHORIZED DEPENDENT‘S INFORMATION

Spouse's Full Name

Children's Full Name

Children's Full 

:qame

Children's Full Name

/ 

/_

(YY/MM/DD)

Date ofirth

/_/ 

Date ofirth

Gender  (M/F)

-/_-_-/
Date of Birth

-~
Geader

/ 

Date ofirth

-I-  
Gender

OBLIGA? ‘ED SERVICE  

ENSURE YOUR EXPIRATION OF
ENTERED ABOVE (REPORT DATE TO NEW CO MMAND j. IF IT DOESN
AND SEEK ADMINISTRATIVE HELP
EXTHER  
OR REENLIST (ORDERS WILL NOT BE ISSUED
TO NEW COMMAND IS WITHIN THE NEXT 30 DAYS, FAX
AN EXTENSION OR REENLISTMENT WAS NECESSARY, PLEASE INCLUDE WITH FAX OF
ORDER TO EXPEDITE ORDERS.

ADMIN OR UNIT CAREER PLANNER
 

iXCEEDS THREE YEARS FROM THE DATE YOU
’T, SEE PAR&GRAPH 5 OF THIS

LETTiiR
l-N ORDER TO EXTEND
REQW IS MET). ALSO..... IF REPORT DATE
[F
TI+$ LETTER  

IMMEDIATELY  TO (703) 

784-9808.
M
 
THIS LETTER 

WIL THIS 

WI? 

 

 

 

 

 

'd2 

8sjLs 

Z8L 

Ll8 

1 

SNOIlVkiZdO  

V&Z-tl3WA  

WOtl3

WVV0:8  

100Z-Zl-1

UUUUU
U
UNCLASSIFIE

D

U

0171526..UUUU--RUEASW.

UUUUU

RAAUZYUW RUEACMC
ZNR 
R 171526 JAN 01 ZYB
FM CMC WASHINGTON  
TO CG MCRSC KANSAS CITY  
INFO CG MCB QUANTICO  
COMMARFORRES//G-lP//
CG MCRSC KANSAS CITY  
MAG FOUR  
ONE//ADMIN//

DC//RAM-2//

MO//IRR//

VA//MMSB-20//

MO//HQ-5A//

E RESERVE
USMCR//

MC0 

(RAM-2)/;

DUTY WITH THE

18 U.S. CODE,  

1001.52H,  AR ORDER.

U.S.C.//
DC/961217//

ECLAS//NOI~~~//
MSGID/GENADMIN/CMC 
SUBJ/ASSIGNMENT TO ACTIVE
(AR) PROGRAM ICO CORPO
REF/A/DOC/CONGRESS/TITLE  10 
REF/B/DOC/CMC  WASHINGTON  
REF/C/DOC/SECNAV/951011//
NARR/REF  A IS TITLE  
B IS 
15.
RMKS/l.
2.
YOU ARE ASSIGNED TO ACTIVE DUTY FOR A PERIOD OF 36 MONTHS.
3.
WHICH IS LISTED AS FT WORTH, TX.
4.
5.
PHYSICAL EXAMINATION.
EXAMINATION IS REQUESTED TO DETERMINE YOUR PHYSICAL FITNESS PER
REFERENCE (C).

YOUR COMPONENT CODE IS B4.
YOU ARE DIRECTED TO REPORT TO THE NEAREST MEDICAL FACILITY FOR A
THE MEDICAL OFFICER CONDUCTING THE PHYSICAL

ON 23 FEBRUARY 2001, AND AS PROVIDED BY REFERENCES (A) AND (B),

YOU ARE BEING ORDERED TO ACTIVE DUTY FROM YOUR CURRENT ADDRESS

THIS MESSAGE CONSTITUTES ORIGINAL ORDERS.

REF C IS MANUAL OF MEDICINE, CHAPTER

PARA 10211, 12301, AND 12310.

’

A.

IF YOU ARE FOUND PHYSICALLY QUALIFIED, YOUR ORDERS WILL BE SO

REF

ENDORSED.

B.

PAY

IF YOU ARE FOUND NOT PHYSICALLY QUALIFIED, YOUR ORDERS WILL

IF FOUND PHYSICALLY QUALIFIED OR IF A CONDITIONAL WAIVER HAS BEEN

BE ENDORSED AND YOU WILL BE DIRECTED TO RETURN TO YOUR HOME.
AND ALLOWANCES WILL ACCRUE FOR THE PERIOD REQUIRED TO CONDUCT THE
PHYSICAL EXAMINATION AND TRAVEL TIME TO AND FROM PHYSICAL
EXAMINATION ONLY.
6.
GRANTED, YOU WILL REPORT BY 2359 ON 26 FEBRUARY 2001 TO THE
COMMANDING OFFICER, MAG-41,
JR B,  FORT WORTH
,  TX 
(~16) 
ASSURANCE)  I N  T HE  AR  PROGRA M.
LINE# 3705 (Q UA LITY 
IF THE BILLET YOU ARE COUNTED AGAINST DOES NOT MATCH ANY
(MCRAMM),
MILITARY OCCUPATIONAL SPECIALTY (MOS) YOU POSSESS, YOUR COMMANDING
OFFICER WILL ASSIGN YOU THE BASIC PRIMARY MOS WITHIN THAT SPECIFIC
OCCUPATIONAL FIELD.
HOMAN  AT COMM (703) 784-0527 OR DSN 278-0527 FOR ASSIGNMENT TO MOS
PRODUCING SCHOOL.
7.
!IILES PER DAY.

TRAVEL BY PRIVATELY OWNED VEHICLE IS AUTHORIZED BASED ON 350

YOU ARE COUNTED ON T/O  
MC0 

4TH MAW, FMF, BLDG 1068, NAS FORT WORTH
8820A,

IF MOS RETRAINING IS NECESSARY CONTACT SERGEANT

PROCEED TIME IS NOT AUTHORIZED.

FOR D U TY.

ANY ADDITIONAL

PER 

PlOOlR.lH

U

UNCLASSIFIE

D

U

R 171526 JAN 01

PAGE 1

Endosum  

( 3 

)

U

UNCLASSIFIE

D

U

YOUR EXPIRATION OF ACTIVE SERVICE (EAS) DATE IS 22 FEBRUARY 2004.
YOUR.SERVICE  RECORDS WILL

DELAY IN REPORTING WILL BE CHARGED AS ANNUAL LEAVE.
PERFORMED PRIOR TO 23 FEBRUARY 2001 IS NOT AUTHORIZED.
8.
THE COMMANDING OFFICER HAVING CUSTODY OF  
ENSURE THAT THIS AND ALL OTHER REQUIRED DATA IS ENTERED INTO THE
MARINE CORPS TOTAL FORCE SYSTEM (MCTFS) IN ACCORDANCE WITH
P1080.40
9.
YOU 

&VE GIVEN THE PERSON TO BE NOTIFIED IN CASE OF EMERGENCY AS:

TRAVEL

MC0

 

(MOTHER), 515 MIDDLE ROAD, CONNEAUT, OH 44030,

593-2922.

SETTLEMENTS PRIOR TO

IF YOU ARE UNABLE TO REPORT BY THE DATE INDICATED IN PARAGRAPH 6

YOU HAVE NO FAMILY MEMBERS AUTHORIZED

OUR RECORDS SHOW YOUR PEBD AS 19930706 AND A SATISFACTORY

BEFORE MAKING ANY RENTAL OR LEASE AGREEMENT, OR PURCHASING A

BY ACCEPTANCE OF THESE ORDERS, YOU ACKNOWLEDGE YOU HAVE READ,

ENACTMENT OF DOD ACT PL 94-212 ON 9 FEBRUARY 1976, LIMITS CASH

TELEPHONE (440)
TRAVEL‘IN CONNECTION WITH THESE ORDERS.
10.
ABOVE, YOU MUST CONTACT YOUR NEW COMMAND, COMMERCIAL (817) 739-5450.
11.
SECURITY CLEARANCE WAS COMPLETED ON AN UNKNOWN DATE.
12.
SETTLEMENTS FOR UNUSED LEAVE TO A MAXIMUM OF 60 DAYS FOR A CAREER,
INCLUDING SETTLEMENTS-MADE BY OTHER SERVICES.
10 FEBRUARY 1976 ARE EXCLUDED.
13.
UNDERSTAND, AND AGREE TO THE POLICIES AND PROCEDURES RELATING TO
ACTIVE DUTY SERVICE IN SUPPORT OF THE RESERVE COMPONENT ACCORDING TO
REFERENCE 
14.
HOME., YOU WILL REPORT TO THE HOUSING REFERRAL OFFICE AT THE
INSTALLATION TO WHICH YOU ARE ASSIGNED.
15.
TO INDEPENDENT DUTY OR SELECT 4TH MAW UNITS, REQUIRE ISSUANCE OF A
MEDIUM BLUE UNIFORM ALLOWANCE PRIOR TO TRANSFER. MARINES JOINING THE
AR PROGRAM FROM THE IRR ARE TO RECEIVE THEIR UNIFORM ALLOWANCE UPON
REPORTING TO THEIR PRIMARY DUTY STATION AS INDICATED IN PARAGRAPH 6
ABOVE.
16.
DAYS AFTER COMPLETION OF TRAVEL FOR SETTLEMENT TRAVEL EXPENSES, WILL
RESULT IN A  
TIME WILL BE CHARGED AS LEAVE IF YOUR TRAVEL CLAIM HAS NOT BEEN
SUBMITTED TO THE DISBURSING OFFICER WITHIN 30 DAYS AFTER COMPLETION
OF TRAVEL UNDER THESE ORDERS.
17.
PANDL: 1711108.2732 011 41632 0 000027 21 000000 259000071600
HHG:
TVL:

1711108.2732 022 41632 0 000027 2D 000000  
1711108.2732 021 41632 0 000027 2D 000000 259000074800
ENL 
TVL, 74801 MALT, 74802 PER DIEM, 74603 DEPNS TVL,

APPROPRIATION DATA TO BE USED FOR FISCAL YEAR 01 ARE AS FOLLOWS:

FAILURE TO SUBMIT THESE ORDERS TO A DISBURSING OFFICER WITHIN 10

CHECKAGE OF YOUR PAY ACCOUNT.

ADDITIONALLY, ELAPSED

IN ACCORDANCE WITH  

MC0 

P10120.28_,  MARINES SELECTED FOR TRANSFER

(B) .

//
BT

M4D900074604

U

UNCLASS

I F

IE

D

U

R 171526 JAN  

01

PAGE 2