DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
LCC:lc
Docket No. 9317-02
21 August 2003
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Review of naval record
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Explanation of Promotion Zones
(3) CMC, RAP ltr of 3 Jan 02
P1400.32C
(4)
(5) CMC, MMPR ltr of 15 Jan 03
(6) Petitioner's Rebuttal to the advisory opinion
Pursuant to the provisions of reference (a), Subject,
Para 3602,
MC0
From:
To:
Subj:
Ref:
Encl:
paygrade E-8 for the
(l), with this Board requesting, in effect, the
The Board, consisting of Messrs. Agresti, Beckett, and
1.
hereinafter referred to as Petitioner,
filed written application,
enclosure
applicable naval record be corrected to show that he was entitled
to remedial consideration for promotion to
CY 2001 Reserve Staff Noncommissioned Officer Selection Board.
2.
Pfeiffer reviewed Petitioner's allegations of error and injustice
on 29 July 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.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
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.
paygrade E-8
Petitioner was considered for promotion to
by the CY 2001 Reserve Staff Noncommissioned Officer selection
Unfortunately the in zone promotion zone was inflated and
board.
more Marines were considered than should have been which caused a
much lower promotion opportunity.
that each Marine as a minimum will receive a 60% opportunity for
promotion to E-8.
The Marine Corps guarantees
Docket No. 9317-02
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).
The date for the floor of the
d.
19981002), and transmitted to MMPR, the office within the
MOS 8412 was incorrectly entered:
to
Marine Corps that is responsible for promotion boards.
zone" population for
(e.g. 19980102 was transposed
"in
e.
The error resulted in an expansion of the
"in
zone"
population by nine months.
been considered in the
considered and promoted
As a result, Marines that should have
zone".
zone" population were erroneously
ttbelow
"in
f.
Due to the inflation of the
"in
zonetl population, Marines
that should have had a 60% opportunity for promotion have been
passed over.
The Marines considered for promotion for the CY
2001 Reserve Staff Noncommissioned Officer Selection Board were
given only a 41.6% promotion opportunity when the Marine Corps
guidelines guarantee a minimum of 60% opportunity for promotion
to E-8.
cl*
Commandant of the Marine Corps, Reserve Affairs Personnel
Plans and Policy Branch (CMC, RAP),
establishing the promotion criteria for the active reserve master
sergeants, in its letter of 29 November 2001, recommended that
the
considered in the
zone" and not selected for promotion be
given remedial consideration for promotion.
V1pass*c be removed from the record and that each Marine
the office responsible for
See Enclosure (2).
@Iin
h.
CMC, RAP, in its letter of 3 January 2002, made a
different recommendation and advised that the individuals
considered but not selected for promotion should have the
removed from their record but should not be given remedial
consideration for promotion.
MC0
P1400.32C list examples that
warrant remedial consideration.
Inflation of
the promotion zone is not listed as one of the reasons for
remedial promotion nevertheless when the zone has been increased
through administrative error such as here, Petitioner argues that
he should be given remedial consideration for promotion with the
correct zone thereby giving him a 60% promotion opportunity.
See enclosure (4).
See Enclosure (3).
Paragraph 3602,
filpassll
mav
i.
5 In correspondence attached as enclosure
having cognizance over the subject matter involved in
Petitioner's application recommended denial, commenting that
Petitioner did not meet the requirements for remedial
consideration for promotion.
It also commented that the Marine
(5), the office
Corps message which guarantees Marines a 60% minimum promotion
opportunity to E-8 did not apply to Reserve Marines.
Docket No. 9317-02
k.
CMC, letter,
1400, RAP-36, 3 January 2002, addresses the
issue of the inflated promotion zone and states that the
promotion opportunity for reserves for E-8 should have been 60%
but for the error in transposing the ending date.
1.
In rebuttal to CMC, letter,
MMPR-2 of 15 January 2003,
MC0
See Enclosure (6)
Petitioner asserts out that he should receive remedial
consideration under the provisions of the
P1400.32C, because
the consideration zone was not correct.
Additionally he asserts
that reserves are also guaranteed a promotion opportunity of 60%
for consideration to E-8.
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.
Petitioner should receive remedial promotion for the CY 2001
based on the
considered for E-8 be given a 60% promotion opportunity.
Accordingly, the Board recommends the following corrective
action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that
In this connection, The Board concludes that
Marine Corps guarantee that Marines being
(5), the
.
Petitioner will be given remedial consideration for
promotion to
paygrade E-8 for the CY 2001.
b.
That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4.
review and deliberations,
complete record of the Boards proceedings in the above-entitled
matter.
It is certified that a quorum was present at the Board's
and that the foregoing is a true and
.
ROBERT D. ZSALMAN
Recorder
c l! Jn
h_JL
G. L. ADAMS
Acting Recorder
Docket No. 9317-02
The foregoing action of the Board is submitted for your
5.
review and action.
Reviewed and approved:
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