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NAVY | BCNR | CY2007 | 08391-07
Original file (08391-07.rtf) Auto-classification: Denied
                          DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                                                                2 NAVY AN NEX
          WASHINGTON DC 20370-5100
         


         BJG
 Docket No:8391-07
 28 February 2008





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.
You requested removing your failures of selection by the Fiscal Year 2000 and 2001 Reserve Major Selection Boards. You also impliedly requested setting aside your discharge from the Marine Corps Reserve on 1 February 2001 by reason of the two failures of selection.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 February 2008. 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 opinion from the Headquarters Marine Corps Career Management Team, dated 23 October 2007 with enclosures, a copy of which is 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 opinion. Since the Board found insufficient basis to remove either of your failures of selection, it had no grounds to set aside your discharge. In view of the above, 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 PFEIFFER
Executive Director
Enclosure
































DEPARTMENT OF THE NAVY
                                    HEADQUARTERS UNITED STATES MARINE CORPS
                                                      3280 RUSSELL ROAD
         QUANTICO, VIRGINIA 22134-5103

                                                                                          
                                                                                                            1600
                                                                                                             CMT
 23 Oct 07
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    RESERVE AFFAIRS DIVISION ADVISORY OPINION ON BCNR
          APPLICATION IN THE CASE 



Ref:     (a) MMER request for advisory opinion dated 26 Sep 07
         (b) DD Form 149 dated 17 Sep 07
         (c) Title 10 United States Code
         (d) SEONAVINST 19206C
         (e) SECNAVINST 14201B
         (f) MOO P1001R.1J
         (g) MOO Pl900.l6F’


End:     (1) NAVMC 118(3) (CHRONOLOGICAL RECORD)
         (2) Reserve Unit Drop Request
         (3) Transfer to IRR letter dated 22 Apr 00
         (4) Reserve Quality Control report dated 22 May 00
         (5) Status USMCP. letter dated 31 Jul 00

1. Per references (a) and (b), we have reviewe d request to remove his failures of selection to Major on the FY99 and FY00 Major Unrestricted Reserve Selection Boards for reasons that he was not correctly informed of his status in the Inactive Ready Reserve (IRR) and of his resignation option to avoid promotion consideration.
2 After reviewing, record, and in accordance with references (c) through (f) , we recommend disapproval. No procedural error or injustice to the applicant was found.
a. Per enclosure requested and was transferred to the IRR on Jan 31, 1998. Therefore, he remained eligible for promotion consideration. He did not exercise his option to be moved to the Inactive Service List (ISL) or resign his commission. This would have stopped promotion consideration per reference (c) . . While in the IRR failed selection for major.
b Per enclosures (1) through later joined another SMCR unit, and subsequently requested to be dropped to the IRR. He did not opt to move to the ISL or resign his reserve commission, therefore was eligible for promotion consideration. His second failure to promotion was 08 Jul 00. Per reference involuntarily discharged on Feb 01, 2001. Enclosure (5) contains the letter explaining this subject and sent was to the correct address he maintained with the Marine Corps.
c.       As clearly stated in reference (f) , “It is the responsibility of the reserve officer to monitor and plan a career. The reserve officer should maintain a career balanced with varying billets and duty assignments and undertake both resident and non-resident Reserve PME courses.” This reference further directs Marines to contact HQMC for counseling, record updates. and fitness report evaluations. Additionally, IRS Marines are ordered to contact MOBCOM annually to update persona] information, and that failure to do so could result in unfavorable actions an d not exercise due diligence in maintaining current personal information, checking his records, or managing his career.
3.       Point of contact at Reserve Affairs is




By direction






















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