DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVALRECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 
10 September 2003

334503

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

Secretary of the Navy

Subj 

:

Ref:

Encl:

SM

(a) Title 10 U.S.C. 1552

(1) DD Form 149 dtd 11 Apr 03 w/attachments
(2) HQMC CMT memo dtd 20 Aug 03
(3) Subject’s naval record

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing her failures of selection before the Fiscal Year 
(FY) 1997 and 1998
Reserve Captain Selection Boards. She also requested setting aside her 1 April 1998
discharge from the Marine Corps Reserve, which was by reason of of her two failures of
selection for promotion, thereby retroactively reinstating her to the Individual Ready Reserve
(IRR); and filing a memorandum explaining the break in her activity from 1 April 1998 to the
date of her restoration.

2. The Board, consisting of Mses. Gilbert and Nofziger and Mr. Grover, reviewed
Petitioner’s allegations of error and injustice on 5 September 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.

In correspondence attached as enclosure 

(2), the HQMC office having cognizance

b.

over the subject matter of Petitioner’s request to strike her failures of selection for promotion
has commented to the effect that this request has merit and warrants favorable action.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of
contents of enclosure 
(2), the Board finds the existence of an injustice warranting the
requested relief.

The Board agrees with the advisory opinion in finding that Petitioner
captain should be removed. As her discharge was based on the failures of selection, the
Board finds that removing the failures of selection requires setting aside her discharge as
well. The Board finds an explanatory memorandum will alleviate the harm to her from her
long break in service.

’s failures of selection to

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

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected by removing her failures of selection by

the FY 1997 and 1998 Reserve Captain Selection Boards.

b. That Petitioner ’s record be corrected further to show that she was not discharged

from the Marine Corps Reserve on 1 April 1998, but served continuously after that date; and
that she be reinstated to the Marine Corps Reserve accordingly, in the same grade and status
in the IRR she held when she was discharged.

C. That there be inserted in Petitioner

’s naval record, at an appropriate location, a

memorandum containing relevant identifying data and including the following language:

Subject officer was discharged from the Marine Corps Reserve effective
1 April 1998. Subsequently, this discharge was voided by order of the Secretary of
the Navy. Since subject officer was discharged by reason of error and through no
fault of her own, and since this discharge has now been voided, it is directed that she
not be penalized in any way by reason of her inability to serve while the discharge
was in effect.

d. That any material or entries inconsistent with or relating to the Board

recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.

’s

’s record and

e. That any material directed to be removed from Petitioner

’s naval record be returned

to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner 

s naval record.
’ 

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN
Recorder

JONATHAN S. 
Acting Recorder

RUSKIN

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.

Executive 

Direct0

i

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROA

D

QUANTICO, VIRGINIA

  22 

134-S 103

IN REPLY REFER TO:
107 0
CMT
20 Aug 2003

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

RESERVE AFFAIRS ADVISORY OPINION

ST LIEUTENANT*

ON

(a) First Lieutenan

2003

DD Form 149 dtd 10 Apr

This office has reviewed reference (a) and recommends

equest for removal of

1.
approval of First Lieutenan
the two failures of
record.

The below justification is provided.

selection to Captain from her service

As stated in reference (a) First Lieutenan

2.
never aware of the fact that she had been passed over for
Captain nor the requirement of submitting a promotion package.
During two previous attempts in re-affiliation with the Reserves
neither of these facts were brought forth.

as

3.
The reason First Lieutenan
report in grade was due to her
separation to pursue an undiagnosed medical problem.
This
condition was later determined to be endometriosis which is now
benign.
This medical situation should not be held against the
Marine.

only has one fitness
request an early

Should the BCNR remove the two failures of selection, she

4.
-intends to request reappointment in the Marine Reserves.

5.

Point of contact

Director
Reserve Affairs Division

DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)

PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100

TELEPHONE: (703) 614-2293 OR DSN 224-2293
FACSIMILE: (703) 614-9857 OR DSN 224-9857

DATE: 

3SEPO3

DOCKET

PETITIONER (P

PARTY I CALLED: PET

USMCR

WHAT I SAID: I ASKED PET TO CLARIFY HER REQUEST.

WHAT PARTY SAID: PET STATED THAT SHE WANTED HER DISCHARGE OF
lAPR98 SET ASIDE, REINSTATEMENT IN THE USMCR RETROACTIVELY, AND A
MEMO FILED EXPLAINING HER BREAK IN SERVICE.

BRIAN J. GEORGE