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NAVY | BCNR | CY2006 | 00082-06
Original file (00082-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHiNGTON DC 20370-5100


 BJG
 Docket No: 82-06
 4 April 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
 Subj: SSGT -     , USMC,
 REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 13 Dec 05 w/encls
 (2)      HQMC NI4PR-2 memo dtd 6 Feb 06
(3)      Subject’s ltr dtd 8 Mar 06
(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 removing the Commandant of the Marine Corps (CMC) 1450/2 (M1~4PR-2) letter dated 6 April 2005, Subject: Delay of Promotion in Case of Petitioner (copy at Tab A).

2.       The Board, consisting of Messrs. Mann, Tew and Washington, reviewed Petitioner’s allegations of error and injustice on 29 March 2006, and pursuant to its regulations, determined that the corrective action indicated below should be taken of 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.       Enclosure (1) was filed in a timely manner.

c.       Petitioner contends the contested letter will unfairly prejudice his career, as it shows his promotion to staff sergeant was delayed pending completion of court-martial proceedings, but those proceedings ended in acquittal.
d.       In correspondence attached as enclosure (2), the Headquarters Marine Corps (HQMC) Enlisted Promotion Section (MMPR-2) has commented to the effect that Petitioner’s request should be denied, as the letter at issue contains no inaccurate information, and it is Marine Corps policy to file in the member’s record all letters relating to delivery, delay or revocation of an appointment.

e.       In enclosure (3), Petitioner’s reply to the advisory opinion, he insists that retaining the contested letter in his record unjustly prejudices him. He requests, in the event his request to remove the letter entirely is denied, that the references to the court-martial be deleted.
CONCLUSION:

Upon review and consideration of all the evidence of record, and notwithstanding enclosure (2), the Board finds the existence of an injustice warranting the requested relief. The Board agrees with Petitioner it is unjust to retain in his record a document revealing he was the subject of court-martial proceedings that resulted in acquittal. Accordingly, the Board recommends the following corrective action:

RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected by removing the CMC 1450/2 Mr4PR-2 letter dated 6 April 2005, Subject: Delay of Promotion in Case of Petitioner.
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.

















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4.       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. The foregoing report of the Board is submitted for your review and action



                                                                        W. DEAN PFEIFFER
                                                                        Executive Director


Reviewed and approved:

Robert T. Call
Assistant General Counsel
 Manpower and Reserve Affairs




















3


DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
         HARRY LEE HALL, 17 LEJEUNE ROAD IN REPLY REFER TO:
QUANTICO, VIRGINIA 22134.5104
         1400/3
         MMPR-2
          FEB 06 2006

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    ADVISORY OPINION IN THE CASE OF STAFF SERGEANT USMC
Ref: (a) BCNR Docket Number 0082-06 dtd 12 Jan 06
 (b)      MCO P1400.32C (ENLPROMAN)
 (c)      CMC ltr 1450/2 MMPR-2 dtd 6 Apr 05
(d)      CMC ltr 1450/2 MMPR-2 dtd 27 Sep 05
1. Per reference (a), Staff Sergeant     requests that two letters regarding his delay of promotion to staff sergeant be removed from his official military personnel file (OMPF).

 2. A review of Staff Sergeant    record verifies that his promotion to staff sergeant was delayed by the Commandant of the Marine Corps (Code MM) on 6 April 2005 in accordance with reference (b). It is the Enlisted Promotions Section (MMPR-2) policy that all letters pertaining to the delivery, delay, or revocation of an appointment be submitted for inclusion into a Marine’s OMPF. The letters Staff Sergeant is referring to do not contain any inaccurate information. Per reference (c), Staff Sergeant promotion was delayed until the completion of his Special C - Reference (d) is the letter stating Staff Serge s authorized to be promoted to staff sergeant effective 1 February 2005.
3.       Based on the foregoing, it is our recommendation that Staff Sergeant letters concerning the delay of his promotion remain in his OMPF.



                                                                Major, U.S. Marine Corps
                                                               Head, Enlisted Promotion Section

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