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NAVY | BCNR | CY2005 | 02179-05
Original file (02179-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


BJG
         Docket No: 0 2179-05
        26 August 2005

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

         Subj:

Ref:     (a) 10 U.S.C. 1552

End:     (1) DD Form 149 dtd 18 Mar 05
(2)      HQMC MMPR memo dtd 6 Apr 05
(3)      HQMC MMSR-5 memo dtd 16 Aug 05
(4)      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 his naval record be corrected by promoting him to major in the Marine Corps Reserve with a date of rank and effective date to reflect selection by the Fiscal Year (FY) 2005 Reserve Major Selection Board, which is 1 July 2004. By implication, he requested that his discharge from the Individual Ready Reserve (IRR) be changed from
1 July 2004 to 2 July 2004.

2.       The Board, consisting of Ms. Davies and Messrs. Boyd and Schultz, reviewed Petitioner’s allegations of error and injustice on 25 August 2005, 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.       Petitioner was affiliated with the IRR when he was
selected for promotion by the FY 2005 Reserve Major Selection Board, with a projected promotion date of 1 July 2004. He was discharged from the IRR on 1 July 2004, which kept him from being promoted to major. He was reaffiliated with the IRR on 17 March 2005 as a captain.

c.       In correspondence attached as enclosure (2), the Headquarters Marine Corps (HQMC) Promotion Branch (MMPR) has commented to the effect that Petitioner’s request has merit and warrants favorable action, and recommends that he be promoted to reserve major with a date of rank and effective date of
1 July 2004. This advisory further recommends that his discharge date from the IRR be changed from 1 July 2004 to 2 July 2004.

d.       In correspondence attached as enclosure (3), the HQMC Separation and Retirement Branch has commented to the effect that they concur with the advisory opinion from MMPR.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures (2) and (3), the Board finds the existence of an injustice warranting corrective action.

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected to show he was discharged from the IRR on 2 July 2004 rather than 1 July 2004.

b.       That Petitioner’s record be further corrected to show that he was promoted to reserve major with a date of rank and effective date of 1 July 2004.

b.       That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.

c.       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        JONATHAN S. RUSKIN
Recorder         Acting Recorder

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.



                                                     
W. DEAN PFEIFFER
Executive Director

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