DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 10290-08
12 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj ss mate ee ae eee
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 12 Aug 08 w/attachment
(2) HOMC MMPR-2 memo dtd 3 Dec 08
w/refs (b) - (d)
(3) Subject’s ltr dtd 5 Mar 09
(4) HQMC MMPR e-mail dtd 12 Mar 09 w/attachments
(5) 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 to show he was
promoted to gunnery sergeant, by virtue of his selection by the
Fiscal Year (FY) 2007 Reserve Gunnery Sergeant Selection Board,
and remove the Commandant of the Marine Corps (CMC) letter dated
14 March 2007, Subject: “Administrative Deletion from the FY
2007 Reserve Staff Noncommissioned Officer Selection Board
(SMCR) [Selected Marine Corps Reserve],” a copy of which is at
Tab A. He does not ask that the promotion be made retroactive,
only that it be upheld.
2. The Board, consisting of Mses. LeBlanc and Wilcher and Mr.
Wilson, reviewed Petitioner’s allegations of error and injustice
on 12 March 2009, and pursuant to its regulations, determined
that the corrective action indicated below should be taken on
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 which were available under existing law
and regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
c. Petitioner was administratively deleted from the FY 2007
Reserve Gunnery Sergeant Selection List because his enlistment
contract had lapsed, before the selection board adjourned, as a
result of his failure to take and pass a physical fitness test
(PFT). He was discharged from the Marine Corps Reserve on 5
February 2007 and reenlisted on 18 March 2008. He missed
consideration by the FY 2008.Reserve Gunnery Sergeant Selection
Board because of his break in service; and he was removed from
consideration by the FY 2009 promotion board because he executed
a lateral move while the board was in session. He contends that
when he was ready to take the PFT, his unit was not prepared to
conduct it; and that when they were prepared to conduct it, his
circumstances did not allow him to take it. He says he has
since taken it twice, each time achieving a first class score.
The front page of his fitness report for 18 March to 25 July
2008, a copy of which is at Tab B, verifies he had a first class
PFT score of 205.
d. In enclosure (2), the Headquarters Marine Corps Enlisted
Promotion Section commented to the effect Petitioner’s request
should be denied, as he “chose not to take his PFT making him
unqualified for extension or reenlistment.”
e. Enclosure (3) is Petitioner’s reply to enclosure (2),
detailing the circumstances that prevented him from taking the
PFT.
f. Enclosure (4) shows that Petitioner would have been
promoted to gunnery sergeant with a date of rank and effective
date of 1 October 2007, had he not been deleted from the FY 2007
Reserve Gunnery Sergeant Selection List.
CONCLUSION:
Upon review and consideration of all the evidence of record,
notwithstanding enclosure (2), and in light of Petitioner’s
representations and enclosure (4), the Board finds an injustice
Warranting correction of Petitioner's record to show he was not
deleted from the FY 2007 Reserve Gunnery Sergeant Selection
List, but was promoted to gunnery sergeant with a date of rank
and effective date of 1 October 2007; remove the CMC letter
dated 14 March 2007; and show Petitioner had continuous service
from 6 February 2007 to 17 March 2008. In this connection, the
Board agrees with Petitioner that it was an injustice he did not
take the required PFT, which resulted in a lapse of his contract
and his deletion from the selection list. Noting the first
class PFT score reflected at Tab B, the Board considers it
probable Petitioner would have passed the PFT, had he taken it.
In view of the above, the Board recommends the following
corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show he
was not deleted from the FY 2007 Reserve Gunnery Sergeant
Selection List, but was promoted to gunnery sergeant with a date
of rank and effective date of 1 October 2007.
b. That his record be corrected further by removing the CMC
letter dated 14 March 2007, Subject: “Administrative Deletion
from the FY 2007 Reserve Staff Noncommissioned Officer Selection
Board (SMCR)” and any correspondence reflecting his removal from
consideration by the FY 2009 Reserve Gunnery sergeant Selection
Board.
c. That his record be corrected further to show he was not
discharged on 5 February 2007, but extended his enlistment to 17
March 2008, when he was discharged; and that he immediately
reenlisted on 18 March 2008, without any break in service.
d. That his anniversary date and pay entry base date be
adjusted accordingly.
e. That any material or entries relating to the Board’s
recommendation be corrected, removed or completely expunged from
Petitioner’s record and that no such entries be added to the
record in the future.
£. 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 ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
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.
Deva Bad fF. feet
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 casted
Reviewed and approved:
Qa Se. C&L
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