DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 10418-07
25 July 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: =aaijpigeaiae | Tie
REVIEW OF NAVAL RECORD (PARTIAL, RECONSIDERATION)
Ref: (a) Tile 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 4 Feb 08 w/attachments
(2) AGC (M&RA) memo dtd 4 Feb 08
(3) BCNR ltr BUG Docket No: 11114-06/6543-05/
7068-04 dtd 4 Jun 07 w/encls
(4) HOMC MMPR-2 memo dtd 31 Mar 08 w/encls
(5) Subject’s ltr dtd 24 gun 08
(6) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing the date
of rank and effective date of his promotion to gunnery sergeant
(pay grade E-7) from 1 July 1994 to 1 July 1993; ana changing
the date of rank and effective date of his promotion to master
sergeant (pay grade E-8) from 1 April 2001 to 1 April 2000, to
reflect selection by the Calendar Year (CY) 2000 Master Sergeant
Selection Board, vice the cy 2001 Master Sergeant Selection
He further requested remedial consideration for
promotion to Master Gunnery Sergeant (pay grade E-9) for the cy
2003 and Fiscal Year (FY) 2005 Master Gunnery Sergeant Selection
Boards. Finally, he requested that his transfer to the Fleet
Marine Corps Reserve effective 1 July 2008, by reason of service
limitations, be set aside and that he be retroactively
reinstated to active duty as a master sergeant.
case, docket number 7068-04, his request for remedial
was denied on 18 November 2004. In another previous case,
docket number 6543-05, his request for remedial consideration
for the FY 2005 Master Gunnery Sergeant Selection Board was
denied on 22 November 2005. By enclosure (2), the Assistant
General Counsel (Manpower and Reserve Affairs) directed that a
new panel of the Board consider Petitioner’s case, and that the
panel’s recommendation be forwarded to him for review and final
disposition.
2. An entirely new panel of the Board, consisting of Messrs.
Butherus, J. Hicks and Ivins, reviewed Petitioner’s allegations
of error and injustice on 24 July 2008, and pursuant to its
regulations, determined that relief should be denied.
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 which were available under existing law
and regulations within the Department of the Navy.
b. Enclosure (1) was filed ina timely manner.
c. By letter of 4 June 2007, a copy of which is at
enclosure (3), Petitioner was advised that the Board would not
consider his applications of 11 December 2006 and 3 May 2007,
noting that Headquarters Marine Corps (HQMC) had verified that
the CY 2000 Master Sergeant Selection Board and the FY 2005
Master Gunnery Sergeant Selection Board. This letter also
concluded it has not been established that the Marine Corps
Total Force System (MCTFS) time lost entry was incorrect, so
proving that it had been considered by any of Petitioner’s
selection boards would not be a valid basis for granting him
relief.
d. In one of Petitioner’s prior cases, docket number
6843-05, the Board addressed his contention that when the FY
2005 Master Gunnery Sergeant Selection Board considered him, he
had only two observed fitness reports since his restoration to
active duty in accordance with another earlier favorable Board
action. The Board noted this would not be a basis for remedial
consideration, as his record was as complete as it could be, and
the problem that he had few observed fitness reports as of the
date the promotion board met cannot be corrected.
e. In enclosure (4), the HQMC Enlisted Promotion Section
commented to the effect that Petitioner’s request was without
merit.
f. Enclosure (5) is Petitioner's reply to the advisory
opinion at enclosure (4), maintaining his position that the
relief requested is warranted.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board substantially concurs with enclosure (4) and still finds
it has not been established that the MCTFS time lost entry was
incorrect. Accordingly, the Board’s recommendation is as
follows:
RECOMMENDATION:
a. That relief be denied.
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.
Dict ff
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
LoQoaX |
W. DEAN PFEIF
Reviewed and approved:
QAR! XS. CQ
NAS OB
Robert T. Cali |
Assistant General Counsel
Manpower and Reserve Affairs)
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