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NAVY | BCNR | CY2006 | 08063-06
Original file (08063-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 BJG
 Docket No:8063-06
 17 November 2006
From:    Chairman, Board. for Correction of Naval Records
To:      Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 29 Aug06
 (2)      HQMC CMT memo dtd 18 Oct 06 w/enc].
(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) 1994 and 1995 Reserve Major Selection Boards, so he will be eligible for current reappointment as. an officer in the Marine Corps Reserve.
2.       The Board, consisting of Messrs. Cooper, McBride and Schultz, reviewed Petitioner’s allegations of error and injustice on 16 November 2006, and pursuant to its regulations, determined that the limited 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.       Petitioner contends he was unaware of his consideration by the promotion boards while he was a member of the. Individual
                   one of his two failures of selection to major were to be removed.
c.       Petitioner’s record shows he was honorably discharged from the Marine Corps Reserve on 28 June 1994 by reason of resignation, not failures of selection for promotion, so granting relief in his case does not require changing the reason for discharge. .
d.       Enclosure (2), the advisory opinion from the Headquarters Marine Corps Career Management Team, recommends removing one failure of selection, to allow Petitioner to serve with the 25th Marine Regiment, which has been deployed to Iraq. They state if this relief is approved, they will immediately process his reappointment.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the content of enclosure (2), the Board finds the existence of an injustice warranting the following limited corrective action.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show he did not fail of selection by the FY 1995 Reserve Major Selection Board, leaving in his record his failure of selection by the FY 1994 Reserve Major Selection Board, so his record will reflect he has failed of selection to major only once.
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.
d. That the remainder of Petitioner’s request be denied.

 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 72 3.6(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 fl
DEPA1~T~NT OF THE NAVY
HEADQUARTERS UNITED STATES ~RIN5 CORPS
3280 RUSSELL ROAD
                                             QUANTICO, VIRGINI A 22134-5103


                           IN REPLY REFER TO:
                                                                                           1600
                                                                                           CMT 18 Oct 06
MEMO M NDUN FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    RESERVE AFFAIRS DIVISION ADVISORY OPINION ON BCNR

         Ref:     (a)      DD Form 149 of 11 Sep 06
                  (b)      MNER req advisory opinion of 02 Oct 06
End:     (1) Letter re: Request for Reappointment of 30 Aug 06
1 Per references (a) and (b), we have reviewed request for the removal of his failures of selection the FY94 and FY95 Reserve Major Promotion board. He states that he was unaware of his consideration by the promotion boards while in the Individual Ready Reserve (IRR)
2.       After we recommend the removal of one FOS in order to allow      ____ to join 25 Marine Regiment and prepare for promotion to Major. Per enclosure (1), previous reappointment request was denied. With the FOS removed, we will process his reappointment to the Marine Corps Reserve immediately.

3.       Point of contact at Reserve Affairs is Second Lieutenant
 at commercial (703)784—0523 or DSN 278—0523.






By direction










DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSS4ELL ROAD
                                                      QUANTICO, VIRGINIA 22134-5103
                                             IN REPLY REFER TO:
         
                                                                                                   1600
                                                                                                    CMT
                                                                                                    30 Aug 06
From:    Commandant of the Marine Corps
 To:

Subj:    REQUEST FOR REAPPOINTMENT IN THE UNITED STATES MARINE CORPS RESERVE
         
         Ref:     (a)      Your request dated 07 Jul 05
                  (b)      Title 10 U.S.C. sections 14505 and 14513
                  (c)      MCO PllOO.73.B (NPPM OFFPROC)
1.       In response to reference (a), your request for reappointment in the United States Marine Corps Reserve is denied.
2.       A review of your record has determined that you incurred a second failure of selection (FOS) on the FY95 Reserve Major Selection Board. Reference (b) requires the separation or retirement of a captain who has twice failed selection for promotion to the next highest grade. Additionally, reference (c), chapter 3007 states that “under no circumstance will an officer who was discharged as a result of twice failure of selection for promotion be considered for reappointment.” Therefore, your record precludes you from further service in the Marine Corps.
3.       If you feel that your failures of selection are the result of an error or injustice, you have the right to petition the Board for Correction of Naval Records (BCNR) by completing and submitting a form DD-l49. More information is available on their website at http: //w.ww.hq.navy.mi1/bcnr/bcnr.

4.       The point of contact concerning this matter is Second Lieutenant at (703)784-0523 or narturo.nagy@usmc.mj



By direction

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