DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
From:
Chairman, Board for Correction of Naval Records
LCC:lc
Docket No. 4798-02
20 September 2002
To:
Subj:
Ref:
Encl:
Secretary of the Navy
GUNNERY
-
Review or naval record
*
(a) Title 10 U.S.C. 1552
”
_..
.._.
.._.-
DD Form 149 w/attachments
Info Paper prepared by HQ CMC RAP-36
HQ CMC MMPR-2 ltr, 20 Mar 02
MC0
(1)
(2)
(3)
(4) MARADMIN
(5) HQCMC MMPR-2, 9 Jul 02
(6)
Subject's microfiche record
P1400.32c,
467/01
para 3602.d
&
Pursuant to the provisions of reference (a), Subject,
1.
hereinafter referred to as Petitioner,
enclosure
applicable naval record be corrected to show that Petitioner is
entitled to remedial consideration for promotion to
for the CY 2001 Reserve Staff Noncommissioned Officer Selection
Board.
(l), with this Board requesting, in effect, the
filed written application,
paygrade E-8
The Board, consisting of Messrs. Brezna, Milner, and
2.
Neuschafer, reviewed Petitioner's allegations of error and
injustice on 4 September 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.
n
Petitioner was considered for promotion to
paygrade E-8
b.
by the CY 2001 Reserve Staff Noncommissioned Officer Selection
Board in the wrong zone.
1
C .
Marines are considered by promotion boards in three
separate zones based on date of rank (DOR) and active duty base
date (ADBD).
See enclosure (2).
Docket No. 4798-02
d.
The date for the floor of the
"in
zone" population for
MOS 8412 was incorrectly entered;
to
Marine Corps that is responsible for promotion boards.
19981002), and transmitted to MMPR, the office within the
(e.g. 19980102 was transposed
e.
The error resulted in an expansion of the
"in
zone"
population by nine months.
have been considered in the "below
erroneously promoted
zone".
"in
As a result, two Marines that should
zone" population were
f.
Due to the inflation of the
Marines that should have had a 60%
have been passed over.
"in
zone" population, two
opportunity for promotion may
g.
USMC, RAP-36, the office responsible for establishing the
promotion criteria for the active reserve master sergeants
recommended that the
each Marine erroneously considered in the
"below
enclosure (2).
zone" be given remedial consideration for promotion.
'lpass'" be removed from the record and that
zone" vice the
"in
See
h.
Petitioner requested remedial consideration for promotion
citing the fact that he was not considered for promotion to
paygrade E-8 in the proper zone and was not afforded a 60%
opportunity for promotion to
paygrade E-8.
i.
HQ MMPR denied his request stating it did not satisfy the
P1400.32C, paragraph 3602, when in fact
criteria contained in
MC0
P1400.32C, paragraph 3602.d specifically authorizes remedial
promotion when the Marine is erroneously considered in the wrong
zone or primary military occupational speciality/occupational
field. See enclosure (3).
MC0
j.
Petitioner then submitted a request to the Board for
Correction of Naval Records requesting consideration for
promotion to E-8 before an Enlisted Remedial Selection Board
alleging that he was only given a 41.6% opportunity when he
should have received a 60%
467/01 had he been considered in the correct
promotion.
See enclosure (4).
opportunity as published by MARADMIN
~~zone~~ for
2
Docket No. 4798-02
k.
Petitioner alleges that the practical result of junior
personnel being improperly considered and promoted is a promotion
"freeze11 because such individuals will occupy E-8 allocations for
additional years prior to their mandatory separation.
Consequently, the Marine Corps will not be able to afford
Petitioner the opportunity for promotion prior to mandatory
separation.
through the remedial process at this time he will be compelled to
retire in his present grade because service limitations mandated
by the Marine Corps for the Active Reserve program will require
his separation before his MOS is again open for promotion.
If not afforded the 60% opportunity for selection
1.
In correspondence attached as enclosure
(5), the office
having cognizance over the subject matter involved in
Petitioner's application recommended denial, commenting again
that his request did not satisfy the requirements of
P1400.32C, paragraph 3602.
MC0
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
requested relief.
the Petitioner should have a 60%
the Marine Corps published MARADMIN
Marine sould have a 60%
Also, the
consideration for remedial promotion when a Marine is considered
in the wrong
In this connection, the Board concluded that
opportunity for promotion since
467/01 which stated that each
opportunity for selection for promotion.
3206.d, ENLPROMMAN, authorizes
P1400.32C, paragraph
(5), the
llzonelV.
MC0
Accordingly, the Board recommends the following corrective
action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that
a.
Petitioner will be given remedial consideration for
promotion for the CY 2001 Reserve Staff Noncommissioned Officer
Selection Board.
b.
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
and that the foregoing is a true and
4.
review and deliberations,
complete record of the Boards proceedings
matter.
in the above-entitled
Docket No. 4798-02
ROBERT D. ZSALMAN
Recorder
The foregoing action of the Board is
5.
review and action.
G . L. ADAMS
Acting Recorder
submitted for your
\
Reviewed and approved:
OCT
23
i!)(j2
Assistant General Counsel
(Manpower and Reserve Affairs)
4
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