DEPARTMENT OF THE NAVY
                          BOARD FOR CORRECTION OF NAVAL RECORDS
                                  2 NAVY ANNEX
                 WASHINGTON DC 20370-5100




                                             TRG
                                             Docket No: 3681-05
                                                              7 October
2005

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

       Subj:      REVIEW OF NAVAL RECORD OF


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

       End: (1) Case Summary
               (2)     Subject’s naval record

       1.   Pursuant to the provisions of reference (a), Petitioner, an
       enlisted member in the Marine Corps Reserve, filed an application
       with this Board requesting that his record be corrected to show that
       he has continuous service in the Regular Marine Corps and that his
       promotion to staff sergeant (SSGT; E-6) be backdated.

       2. The Board, consisting of Mr.  , Mr. and Mr. reviewed Petitioner’s
                 allegations of error and injustice
       on 20 September 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’s application was filed in a timely manner.

            c.    Petitioner was involuntarily discharged with separation
       pay on 7 April 1997 with 13 years, 2 months and 27 days of active
       duty. He was denied reenlistment due to his failure of selection to
       staff sergeant (SSGT; E-6) and was thus at service limitation as a
       sergeant. Although he was discharged, an erroneous entry was made
       showing that he was a member of the Marine Corps Reserve.
       Subsequently he was selected for promotion to SSGT by the 1997
       Reserve Selection Board with an effective date of 1 January 1998.
       When it was discovered that he had been discharged his promotion was
       cancelled. He then attempted to enlist in the Marine Corps Reserve
       contending that since he had been selected for promotion he was no
       longer at service limitations. Recognizing that an injustice may have
       occurred, Headquarters








Marine Corps authorized a one year enlistment in the Marine Corps Reserve
so that he would have an opportunity to be selected for SSGT. He enlisted
on 8 April 1998. On 18 May 1998 he reported for an extended period of
active duty for special work (ADSW) and remained on active duty until 18
December 1998. During the ADSW period he failed of selection by the 1998
selection board. Since he had failed of selection no further service was
authorized and he was honorably discharged. On 28 July 1999, Petitioner
enlisted in the North Carolina National Guard (NCANG) in an attempt to
salvage his military career. He subsequently completed several periods of
ADSW totaling about 182 days.

       d.   During this period, Petitioner’s initial application was under
consideration by this Board. On 28 March 2000, the Board concluded that an
injustice had occurred and directed that the record be corrected to show
that on 8 April 1997, the day after his discharge from the Marine Corps, he
enlisted in the Marine Corps Reserve for three years and was promoted to
SSGT on 1 January 1998. Since he could not be in two components at the same
time, it was further directed that he be honorably discharged from the
Marine Corps Reserve on 27 July 1999 the day prior to his enlistment in the
NCANG.

       e.   When Petitioner received the Board’s action, he requested
discharge from NCANG so that he could reenlist in the Marine Corps Reserve.
He reenlisted in the Marine Corps Reserve on 21 November 2000. Since that
time he has completed multiple extended periods of active duty and is
presently on active duty. It was during this period, that he apparently
discovered that there were errors in his record and had them corrected by
HQMC. He then requested remedial consideration for promotion to SSGT. On 15
March 2005, HQMC published the results of a remedial promotion board which
showed that Petitioner had been selected for promotion to SSGT retroactive
to 1 October 1996. This was prior to his discharge on 7 April 1997 which
was due to his failure to be promoted to SSGT.

       f.   Petitioner has now applied to the Board requesting that his
promotion be backdated to 1 October 1996 and, in effect, that he be
restored to the Marine Corps as if he had never been discharged. He points
out that if there had not been errors in his record and he had been
selected for SSGT in 1997, he would have been allowed to reenlist in the
Marine Corps.

CONCLUSION:

Upon review and consideration of all the evidence of record the Board
concludes that Petitioner’s request warrants favorable action. Due to his
extensive active service since his discharge from the Marine Corps on 7
April 1997, it is clear that


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Petitioner would have continued his active service if he had been properly
promoted to SSGT on 1 October 1996. Therefore, the Board concludes that his
record should be corrected to show that he reenlisted in the Marine Corps
on 8 April 1999 for three years in the grade of SSGT vice the enlistment in
the Marine Corps Reserve on that date now of record. Since he cannot be in
two components at the same time, the record should continue to show that he
was honorably discharged on 27 July 1999, the day prior to his enlistment
in the NCANG.

Because Petitioner returned to the Marine Corps Reserve as soon as possible
after the first correction to his record, the Board further concludes that
it should correct his second reserve enlistment to show that it was an
enlistment in the Regular Marine Corps. Therefore, the record should be
corrected to show that he reenlisted in the Regular Marine Corps for six
years on 21 November 2000 in the grade of SSGT. His time in grade should be
entered as 1 October 1996 as if he had no break in his Marine Corps
service.

Petitioner’s record should be also corrected to show that he was promoted
to SSGT on 1 October 1996 so that he can receive retroactive payment for
his remedial promotion back to that date.

The Board finally concludes that this Report of Proceedings should be filed
in Petitioner’s naval record so that all future reviewers will understand
the circumstances of the case.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show that he reenlisted
in the Regular Marine Corps on 8 April 1997 for three years in the grade of
SSGT vice the enlistment in the Marine Corps Reserve now of record. The
record should then show he was honorably discharged on 27 July 1999.

b. That Petitioner’s naval record be further corrected to show that on 21
November 2000 he reenlisted in the Regular Marine Corps in the grade of
SSGT for six years vice the enlistment in the Marine Corps Reserve now of
record with a time in grade date of 1 October 1996.

c. Additionally, Petitioner’s record should be corrected to show that he
was promoted to SSGT on 1 October 1996 so that he can receive retroactive
pay at that grade from that date.

d.    That this Report of Proceedings be filed in Petitioner’s naval
record.

4.    It is certified that a quorum was present at the Board’s
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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      A AN E. GOLDS H
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.
      Executive Dir    N.





























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