DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 2133-02
25 August 2003

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj :

EX-
REVIEW OF NAVAL RECORD

Ref: (a)

Title 10 U.S.C. 1552

Encl: (1)

(2)
(3)
(4)
(5)

DD Form 149 dtd 18 Jan 02 w/attachments
Ltr of Instruction No. 454 dtd 16 Jun 43
HQMC MMPR memo dtd 12 Apr 02
JulO2
HQMC MMPR memo dtd 15 
Subject’s naval record

\. 

1. Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure
(1) with this Board requesting that his naval record be corrected to show he was granted
,,temporary appointment as a commissioned warrant officer (CW02) while he was on active
duty, and that this appointment remained in effect until his relief from active duty on
4 January 1946.

2. The Board, consisting of Messrs. Bishop, Grover and Haney, reviewed Petitioner’s
allegations of error and injustice on 1 May 2003, and pursuant to its regulations, determined
that the corrective action indicated below should be taken on the available evidence of record.
Documentary material considered by the Board consisted of the enclosures, naval records,
and applicable statutes, regulations and policies.

3. The Board, having reviewed all the facts of record pertaining 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. Although it appears that enclosure (1) was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and review the application on its merits.

c. On 16 August 1945, when Petitioner was on active duty as a temporary warrant

(Wl) in the Marine Corps Reserve, Promotion Letter Number 13 was issued,

officer 
authorizing his temporary appointment to commissioned warrant officer effective
14 August 1945, to remain in effect while he was on active duty. This appointment was

.?

.

‘i’ 

(l)), citing the SECNAV letter of 9 October 1945, the

(2)), which required verification of physical qualifications. As he

(l)), his commanding officer advised Headquarters Marine Corps 

” According to the HQMC letter of 21 March 1947 (Tab D to enclosure 

issued subject to the conditions outlined in Letter of Instruction Number 454, dated
16 June 1943 (enclosure 
was sick in the hospital when his command received Promotion Letter Number 13, there was
no authority for his appointment as a temporary commissioned warrant officer. By orders of
5 October 1945, he was authorized 17 days of terminal leave. By letter of 9 October 1945
(Tab A to enclosure 
(l)), the Secretary of the Navy (SECNAV) advised Petitioner that his
temporary appointment as a warrant officer was terminated, effective on receipt of the letter,
“in view of the fact that [he was] to be relieved from active duty. ”By orders of
10 October 1945 (Tab B to enclosure 
Commandant of the Marine Corps directed the termination of his temporary appointment as a
warrant officer on his relief from active duty. By letter of 11 October 1945 (Tab C to
enclosure 
(HQMC) that
Petitioner was then physically qualified for a temporary appointment as a commissioned
warrant officer, and he requested authority for such appointment. Attached to this letter was
a Form Y, Report of Physical Examination, dated 29 September 1945, stating that Petitioner
was “found to be physically qualified to perform his duties
. . for promotion to CWO (Temp)
. 
[Temporary]. 
(l)),
this letter was received on 29 October 1945. No action was taken on the request, as it was
assumed Petitioner had been relieved from active duty already, or would be before his
appointment could be effected. However, he was not actually relieved from active duty, and
his appointment as a temporary warrant officer was not terminated until 4 January 1946 (Tab
E to enclosure (1)). He was transferred to the inactive Marine Corps Reserve in the grade of
master technical sergeant. In his letter of 1 March 1946 (Tab F to enclosure (1)) requesting
separation from the Marine Corps Reserve, Petitioner said that when no reply to the
command’s letter was received,  “letters of inquiry to Headquarters on this matter were
” Also in this letter he said that in light of the circumstances concerning his
unanswered. 
temporary appointment as a commissioned warrant officer, he felt the Marine Corps had  “let
[him] down, ” and “therefore [he did] not want to be any part of the organization any longer. 
”
By letter dated 11 March 1946 
(l)), CMC offered Petitioner a permanent
appointment as a warrant officer in the Marine Corps Reserve, but in an undated letter (Tab
H to enclosure 
(l)), he declined this appointment, reiterating his desire to be separated. He
was discharged from the Marine Corps Reserve on 25 April 1946. By letter of
2 1 March 1947 (Tab D to enclosure 
from his United States Senator by stating  “Since [Petitioner] was not relieved from active
duty at the expected time it is regretted that he did not communicate further with this
Headquarters relative to his promotion. 
”

(T.ab G to enclosure 

(l)), HQMC 

repiied to an inquiry on behalf of Petitioner

d.

In correspondence attached as enclosure 

(3), the HQMC Officer Promotion Section

(MMPR), the office with cognizance over the subject matter of this case, misstated
Petitioner’s request by saying that he requested the warrant officer appointment  “in the
reserves that he was offered in 1946. ”They said  “Because [he] declined the appointment to
warrant officer in the reserves and was discharged, and the program was subsequently closed,
there is no authority to effect the appointment to warrant officer. 
”

2

.

.

9.

e.

In correspondence at enclosure 

(4), the HQMC MMPR again misstated Petitioner

request, this time saying he sought correction of his record to show his appointment to
warrant officer was not terminated by reason of physical disability, but continued in effect
from 14 August 1945 until he left active duty. They concluded that his temporary
appointment as a warrant officer was not terminated because of his physical condition, but
was terminated on 10 October 1945, pursuant to the orders at Tab B 
he separated from active service.
not terminated until 4 January 1946, well after 29 October 1945, the date on which HQMC
received the command ’s letter advising that Petitioner was qualified for appointment as a
temporary commissioned warrant officer.

(l), because
In fact, his temporary appointment as a warrant officer was

.to enclosure 

’s

CONCLUSION:

Upon review and consideration of all the evidence of record, and despite the contents of
(4), the Board finds the existence of an error and injustice warranting
enclosures (3) and 
correction of Petitioner ’s naval record to show he was appointed a temporary commissioned
warrant officer effective 29 October 1945, and that this appointment remained in effect until
his relief from active duty on 4 January 1946.

The Board finds that HQMC should have acted on the command
which they received on 29 October 1945, to effect Petitioner
further finds it was not incumbent on him or his command to follow up on this letter to
ensure appropriate action.

’s appointment. The Board

’s letter of 11 October 1945,

In view of the above, the Board recommends the following corrective action.

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected, where appropriate, to show he was

temporarily appointed to commissioned warrant officer (CW02) effective 29 October 1945,
and that this appointment remained in effect until his relief from active duty on
4 January 1946.

b. That a copy of this Report of Proceedings be filed at an appropriate location in
Petitioner ’s naval record, and that another copy of this report be returned to this Board,
together with any material directed to be removed from Petitioner
confidential file maintained for such purpose.

’s record, for retention in a

3

4.
It is certified that a quorum was present at the Board
the foregoing is a true and complete record of the Board
matter.

’s review and deliberations, and that
’s proceedings in the above entitled

ROBERT D. ZSALMAN
Recorder

JONATHAN S. 
Acting Recorder

RUSKIN

5. The foregoing report of the Board is

Reviewed and approved:

c&&x .

G&

 

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MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

1412/2
MMPR

Subj:

Ref:

BCNR APPLICATION IN THE CASE OF
402300)

FORM

(a)  MMER Route Sheet of 29 Mar 02
(b)

CMC

ltr of 11 Mar 46
ltr of
1 Mar 46
ltr  of 24 Apr 46
Dee  47

ted an advisory opinion in the case of
is requesting a promotion to warrant

in the reserves that he was offered in 1946.

officer

2.

The following facts are germane:

a.

(b)  afforded the opportunity f
be a warrant officer in the Marine Corps Reserves.

Reference 

b

appointment
separated.

to the

igned references 
rank of warrant officer and requested to be

(d)  declining the

(c)  and 

C .

In response t
(e)  informe

reference 
the Marine Corps had been closed to all former officers in his
category,
and applications for transfer to the regular Marine
Corps in warrant officer status were no longer being.considered.

etter fro

3.
Becaus
officer in
subsequently closed,
appointment to warrant officer.

lined the appointment to warrant
d was discharged,

and the program was

there is no authority to effect the

4.
The
4 Boggs

this matter is Chief Warrant Officer

romotion Section

1412/Z
MMPR
&L  

15 

2002

-MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR APPLICATION IN THE CASE OF FORMER MEMBE

Ref:

(a) BNCR memo of 6 Jun 02
(b) HQMC ltr dated 10 

Ott  45

1.

Reference (a)

requested an advisory opinion in the case of

his physical disability,
until he left active duty.

s requesting 
ficer  
(Wl)  was not terminated due to
but continued in effect from 14 Aug 45

MMPR  show that his

2.

The following facts are germane:

(Wl)  at the time of his being offered

on 14 August 1945 to rank from 31 July 1945.

a.
s was already serving in the grade of
tempor
officer
an appointment to the grade of commissioned warrant officer
(CWO21,
letter number 13 authorized this promotion.
letter number 13 was never found, despite every reasonable
attempt to locate it.
1945, referencing promotion letter
in
record.
was
physically unqualified at that time, the authorization for
promotion to commissioned warrant officer was never effected.

Only a memorandum dated 21

due to the fact tha

Also,

S

Promotion

However, promotion

b.

Per reference 

a warrant officer was term
fact that he separated

(b)

from 

actrve

temporary appointment as
October 1945, due to the

service.

Based on the above

3.
as a warrant officer was not
condition,
commissioned warrant officer.

factL,

which found him unqualified for promotion to

ter

__ ___

temporary appointment
"_ 
tn  hi

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nh\7cir=rl

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's matter is

Head,

OMicer  Promotion Section