DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:lc
Docket No. 1325-02
12 September 2002
From:
Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
Encl:
eview 0
(a) Title 10 U.S.C. 1552
(1)
(2)
(3)
(4)
DD Form 149 w/attachments
Statement from the Recruiter
CMC memo
Subject's microfiche record
1400/3, MMPR-2, 15 Apr 02
Pursuant to the provisions of reference (a), Subject,
1.
hereinafter referred to as Petitioner,
enclosure (1), with this Board requesting, in effect, that the
applicable naval record be corrected to show he was promoted to
paygrade E-4 effective 1 September 2000 and entitled to remedial
consideration for promotion to E-5.
filed written application,
The Board, consisting of Messrs. Neuschafer, Pfeiffer, and
2.
Ms. Davies reviewed Petitioner's allegations of error and
injustice on 6 August 2002 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, naval
records, and applicable statutes, regulations and policies.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
pursuant to its regulations,
Documentary material
.
a.
Prior to filing enclosure (1) with this Board, Petitioner
exhausted all administrative remedies afforded under existing law
and regulations within the Department of the Navy.
b.
Petitioner served on active duty in the Marine Corps'
during the period 28 August 1990 to 27 August 1994 and received
an honorable discharge in the grade of lance corporal, (E-3).
1
C .
He then enlisted in the Army and served on active duty
from May 1997 to May 2000 during which time he earned the Army
Commendation Medal and a promotion to sergeant, (E-5).
Petitioner was honorably discharged on 19 May 2000.
Docket No. 1325-02
d.
Immediately after his discharge from the Army Petitioner
began enlistment processing in order to enter active duty as a
Marine.
be enlisted as a lance corporal,
eligible for promotion to corporal, E-4, enclosure (2).
During processing his recruiter told him that he would
(E-3) and be immediately
e.
Petitioner enlisted in the Marine Corps for 4 years of
active duty on 28 August 2000 under the provisions of the Prior
Service Enlisted Program (PSEP) and was given a date of rank of
2 June 1997 as a lance corporal, (E-3).
the PSEP service members are enlisted in
Service members
wait six months for promotion to
enlisting under this program are required to sign a Statement of
Understanding (SOU).
Under the provisions of
paygrade E-3 and must
paygrade E-4.
f.
Since Petitioner had a previous tour of active duty with
Marines and had been assigned a date of rank of 2 June 1997 his
recruiter told him he would not have to wait six months to be
eligible for promotion to
was not given an SOU for signature.
recruiter is at enclosure (2).
A statement from the
paygrade E-4.
Consequently Petitioner
‘3.
In order for enlisted Marines to be promoted to paygrades
E-4 or E-5 they must meet a cutting score. The cutting score for
1 September 2000 cycle for MOS 6672 for promotion to
was 1531.
the cutting score.
Petitioner's composite score was 1640 which exceeded
paygrade E-4
h.
In correspondence attached as enclosure
(3), the office
having cognizance over the subject matter involved in
Petitioner's application recommended denial, commenting that
Petitioner enlisted under the PSEP and was not eligible for
promotion to
requirement.
paygrade E-4 until he met the 6 months active duty
CONCLUSION:
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
(3), the
2
Docket No. 1325-02
There is no doubt that because of his
requested relief.
outstanding record of achievements Petitioner could have
reenlisted in the Army and retained his rank of sergeant.
Instead motivated by a strong desire to return to the Marine
Corps and in reliance upon the express promise of a Marine Corps
recruiter that he would be eligible for immediate promotion to
corporal Petitioner, in good faith,
as a Lance Corporal.
promised and which he earned is clearly unjust.
concluded that under the facts of this case, fundamental fairness
requires that Petitioner's record be corrected in such a manner
that enables him to receive the benefits that were promised to
Petitioner at time of his enlistment had 3 years prior
him.
active duty in the Marine Corps and based on assigned date of
rank had 3 years, 2 months, and 26 days in grade.
the Board has determined that the Petitioner should have been
promoted to
Accordingly, the Board recommends the following corrective
action.
To deny him the promotion that he was
The Board
paygrade E-4 effective 1 September 2000.
enlisted in the Marine Corps
Consequently
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that:
Petitioner was promoted to
paygrade E-4 effective
Petitioner be given remedial consideration for promotion
a.
b.
1 September 2000.
to
paygrade E-5.
C.
That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
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 Boards proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
d. L. ADAMS
Acting Recorder
The foregoing action of the Board is submitted for your
5.
review and action.
cm--.
Docket No. 1325.02
Reviewed and approved:
c,
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