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NAVY | BCNR | CY2006 | 02171-06
Original file (02171-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 BJG
 Docket No: 2171-06
 2 February 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
                   REVIEW OF NAVAL RECORD
         Ref:     (a) Title 10 U.S.C. 1552

 End:     (1) DD Form 149 dtd 24. Feb 06 w/encls
 (2)      HQMC CMT memo dtd 16 Jan 07
(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 his naval record be corrected by removing his failures of selection by the Fiscal Year (FY) 2002 through 2006 Reserve Lieutenant Colonel Selection Boards and restoring his status as a major in the Selected Marine Corps Reserve (SMCR). He was discharged on
 1 January 2006 by reason of his failures of selection for promotion.
2.       The Board, consisting of Messrs. Grover, Lippolis and Zsalman, reviewed Petitioner’s allegations of error and injustice on 1 February 2007, 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.
 ~1’
          b.       Petitioner contends he was unable to maintain active participation in Marine Corps Reserve activities and he believed he was ineligible for promotion consideration.







         c.       In correspondence at enclosure (2), the Headquarters Marine Corps Career Management Team has commented to the effect that Petitioners s case has merit and warrants favorable action. They recommended setting aside his discharge and further correcting his record to show he was on the ISL, where he would have been ineligible for promotion consideration, from
 7 April 2000 to 5 January 2005 and 6 January 2006 to a’ date to be determined on adjudication of his case by this Board. They noted this action would result in removing all his failures of selection for promotion. They also recommended that his record be corrected to show he was transferred from the 15Th to the SMCR effective the date of this Board’s decision, to augment his Reserve unit with critical personnel supporting the Global War on Terror. Finally, they noted that officers removed from the 15Th must have one year in an active status before promotion consideration.
CONCLUSION:

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

RECOMt4ENDAT ION:

 a.       That Petitioner’s naval record be corrected to show that he did not fail of selection by the FY 2002 through 2006 Reserve Lieutenant Colonel Selection Boards.
b.       That his record be corrected further to show he was not discharged from the Marine Corps Reserve on 1 January 2006; and that he be reinstated as a major in the SMCR.
c.       That his record be corrected further to show he was on the 15Th from 7 April 2000 to 5 January 2005 and 6 January 2006 to 31 January 2007, the day before this Board’s decision; and that he was transferred from the ISL to the SMCR effective 1 February 2007, the date of the decision.
d.       That his anniversary date and pay entry base date be adjusted accordingly.
e.       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.
f.       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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