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NAVY | BCNR | CY2005 | 09535-05
Original file (09535-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHiNGTON DC 20370-5100

 BJG
 Docket No: 9535-05
 16 November 2006


This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 November 2006. .Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinions from Headquarters Marine Corps, dated 27 April 2006 with enclosures and 11 July 2006, copies of which are attached.
After careful and conscientious consideration of the, entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinions. Accordingly, your application has ‘been denied. The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
Sincerely,








          W.DEAN PFIEFFER
 Executive Director
Enclosures
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5 103
                                              IN REPLY REFER TO:
                                                                                                    1600
                                                                                                    CMT
                                                                                          APR 27 2006

 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    RESERVE AFFAIRS DIVISION ADVISORY OPINION ON BCNR

         Ref:     (a)      DD Form 149 dtd 11 Nov 05
                  (b)      BCNR request for advisory opinion of 5 Jan 06
                  (o)      MCO P1553.4A
                  (d)      MCP P1400.31B
                  (e)      MARADMIN 123/03

 Encl:    (1) Sanctuary Waiver in Excess of 18 Years Active Federal
 Service dtd 11 Jul 00
 (2)      Mod to Original Orders dtd 13 Jul 00
(3)      Request to Return to Active Duty Response dtd 1 May 01
1. Per reference (a) and (b), we have reviewed XXXXX requests to seek formal PME enrollment to be competitive for colonel, remedial promotion consideration, and retroactive active duty credit from 2000-2004. XXXX alleges that denial of sanctuary was a continuing injustice and caused wrongful denial of formal PME school attendance, command selection, and promotion to Colonel. We do not concur with any of his requests due to the following:
a.       A review of in the Marine Corps Total Force System (MCTFS) in~2~Ytes that he has not completed Intermediate Level School (ILS) which, per reference (c), is the expected PME for the grade of major. ILS is open and available to all Reserve officers through a non-resident correspondence method (Marine Corps Institute), a non-resident seminar method (weekly seminar), and a board-selected nonresident and resident fully-funded course (monthly seminar and full-length seminar, respectively). Reserve officer PME board-selection opportunities, to include top-level school (TLS) appropriate for lieutenant colonels/colonels, are announced in an annual Reserve Officer PME MARADMIN. Although not required, to be competitive for selection to TLS an officer naval should have completed ILS as a prerequisite. has not indicated that he has attempted to enroll or apply for ILS or TLS nor is sanctuary eligibility or status a factor in enrolment of non-resident PME.
         
         b.       A review of records provided by the Officer Promotion Branch (MMPR-l) indicates that the petitioner was considered in zone on the FY04 unrestricted Reserve Colonel board and above zone on the FY05 and FY06 board. The policy, parameters, and procedures for requesting a special selection board (SSB) are detailed in reference (d), which includes providing evidence of a material or administrative error where they were considered, but not selected, on a regularly scheduled board. While participation is one indicator for competitiveness for promotion, a review of the petitioner’s current record indicates that he was definitely unlikely competitive for promotion colonel. This is primarily due to his being incomplete in PME for the grade of major and above, a 3 year, 7 month date gap between 2000 and 2004, and that his last entered PFT score in MCTFS was a 134 in Mar 1999. Sanctuary status is also not an impacting factor for consideration for promotion of officers on the Reserve Active Status List (RASL) . Per reference (e) while officers may be selected and promoted while in sanctuary status, they may not be retained solely for fulfilling the time-in-grade requirement to retire at the highest grade attained.
                  c. XXXXXX is currently serving on active duty’7~i~ilization orders through 30 May 06, is now eligible for an active duty retirement, and has submitted an approved active duty retirement request to the HQMC Separation and Retirement Branch (MMSR), effective 1 Jun 06. Per enclosures (1) and (2), he knowingly waived active duty sanctuary upon acceptance of active duty special work (ADSW) orders during 2000. Per enclosure (3), although he was verified at having 18 years, 9 days at the time of his request to be placed back on ADSW, it was reiterated that accepted previous ADSW orders which brought him beyond 18 years of active Federal service under the stipulation that he would not invoke sanctuary. Therefore his request to return to active duty was denied at that time.






























R. F.    LARSEN
          By Direction

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