DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
From:
Chairman, Board for Correction of Naval Records
LCC:lc
Docket
16 April 2002
No.7990-01
To:
Subj:
Ref:
Encl:
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1)
(2)
(3)
(4)
(5)
(6)
(7)
336/9G
DD Form 149 w/attachments
ALMAR
Promotion warrant to sergeant,
CMC letter, 1430 MMPR-2, 19
Commanding Officer's nomination ltr, 11
CMC memo
Subject's microfiche record
96
1400/3, MMPR-2 of 4 Feb 02
Dee
paygrade E-5
Ott
96
Pursuant to the provisions of reference (a), Subject,
1.
hereinafter referred to as-petitioner,
enclosure (1), with this Board requesting, in effect, the
applicable naval record be corrected to show that Petitioner was
paygrade E-5, effective 2 November 1996.
promoted to Sergeant,
filed written application,
The Board, consisting of Messrs.
2.
Ms. McCormick reviewed Petitioner's allegations of error and
injustice on 9 April 2002 and,
pursuant to its regulations,
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.
Mackey, Pauling, and
Documentary material
The Board, having reviewed all the facts of record pertaining
3 .
to Petitioner's allegations of error and injustice, finds as
follows:
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 was selected for meritorious promotion to
paygrade E-5 and promoted effective 2 November 1996.
C .
Petitioner was assigned to the 4th Assault Amphibian
Battalion, Tampa, FL and was nominated to be considered for
meritorious promotion.
Temporary Additional Duty (TAD).
At the time her commanding officer was on
The nomination package was
Docket No. 7990-01
prepared, addressed to Commanding General, 4th Marine Division
(PERS) 4400 Dauphine Street, New Orleans, LA 70146-5400 and
forwarded to the commanding officer for signature.
Unfortunately, the commanding officer read the
incorrectly, enclosure
directly to Headquarters Marine Corps, MMPR-2.
(2), and forwarded her nomination package
ALMAR
336/96
d.
The Marine Corps orders pertaining to meritorious
promotion state that promotion packages will be sent to MMPR-2
for commands not under a commanding general.
meritorious promotion nomination package on Petitioner and
considered her for promotion.
MMPR-2 received the
e.
Petitioner was selected for promotion which was effective
The Commandant signed the promotion warrant and
2 November 1996.
it was forwarded to Petitioner, enclosure (3).
f.
On 19 December 1996 MMPR-2 revoked the promotion because
Petitioner should have been considered by
Petitioner was erroneously considered for promotion by
MMPR-2, enclosure (4).
the 4th Marine Division since the unit had a commanding general
MMPR-2 stated in the revocation letter that
and not by MMPR-2.
considered it was an erroneous
since she should not have been
promotion and could not remain in effect.
in the letter that
Military Education requirements (PME).
requirements had been completed prior to being nominated by her
commanding officer for meritorious promotion.
completed on or before 1 October 1996.
Petitioner for meritorious promotion
signed by her commanding officer and indicated PME had been
completed on 1 October 1996, enclosure (5).
'Petitioner had not completed Professional
The letter nominating
was dated 11 October 1996,
MMPR-2 further stated
Petitioner's PME
PME courses were
53.
In correspondence attached as enclosure'
(6), the office
having cognizance over the subject matter involved in
Petitioner's application recommended denial, commenting that
since she did not compete for one of the meritorious promotion
allocations granted to the 4th Marine Division her meritorious
promotion was revoked.
paragraph
that when erroneous promotions
sergeant (E-5) and below are discovered, the commander, without
reference to Headquarters Marine Corps will revoke the promotion
and the Marine will be returned to the appropriate grade.
Waivers for erroneous promotions to corporal or sergeant are not
authorized.
1200.4b(l) of the Enlisted Promotion Manual provides
or administrative error to
Enclosure (6) also states that Chapter 1,
CONCLUSION:
Docket No. 7990-01
In this connection, the Board concluded that
Specifically the
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure (G), the
Board finds the existence of an injustice warranting the
requested relief.
an injustice to the Petitioner had occurred.
meritorious nomination promotion package was sent to MMPR-2 in
error which was not caught until approximately six weeks after
the effective date of the promotion.
in a timely manner the package could have been returned to the
4th Marine Division in time for them to consider Petitioner for
promotion.
without having been considered for promotion during this period
of time.
In order to make Petitioner whole the Board concluded
that the promotion should be effective 2 November 1996, which was
the date she was selected for meritorious promotion by the
promotion board convened by MMPR-2.
recommends the following corrective action.
The promotion was revoked which leaves Petitioner
Had the error been caught
Accordingly, the Board
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that:
a.
Petitioner was promoted to
paygrade E-5 effective
2 November 1996.
It is certified that a quorum was present at the Board's
4 .
review and deliberations,
and that the foregoing is a true and
complete record of the Boards proceedings in the above-entitled
matter.
ROBERT D. ZSALMAN
Recorder
The foregoing action of the Board is
5.
review and action.
d+L
G
G. L. ADAMS
Acting Recorder
submitted for your
Reviewed and approved:
JUL 10 2002
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