DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 11627-08
23 Nov 09
From: Chairman, Board fer Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NMCCA 200500985 decided 24 Apr 07
(3) Exeerpt from DoD Instruction 1332.29 of 20 June 1991
(4) Appendix B of Enlisted Retention and Career
Development Manual
(5) CMC 1040 MMEA of 14 Sep 09
(6) Excerpts from Petitioner’s Military Personnel File
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 the applicable naval record be corrected to show
Petitioner is entitled to payment of involuntary separation pay
when he was discharged on 30 duly 2008.
2. The Board, consisting of Messrs. George, Pfeiffer, and
Zsalman reviewed Petitioner's allegations of error and injustice
on 26 October 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. Prior to filing enclosure (1) with this Board,
Petitioner exhausted all administrative remedies afforded under
existing law and regulations within the Department of the Navy.
homicide)
Docket No. 11627-08
b. Petitioner enlisted in the Marine Corps in November
1997 for a term of 4 years and reenlisted in October 2001 for a
term of 4 years.
ec. On 28 August 2002, Petitioner participated in a close
quarters Battle (CQB) exercise at the Military Operations in
Urban Terrain (MOUT) aboard Marine Corps Base, Camp Pendleton,
CA. The Petitioner and other Marines fast-roped from
helicopters onto the roof of a building at the MOUT facility,
breached their way into the structure, and proceeded to clear
it. The building was defended by a force of “aggressor”
Marines.
qd. Prior to the exercise, Petitioner and other members of
the assault force were ordered to remove all live rounds from
their small arms magazines and to refill their magazines with
blank ammunition. They were ordered not to carry live
ammunition on the exercise.
e. Petitioner negligently commingled magazines containing
blank ammunition and magazines containing live rounds, inserted
a magazine containing live rounds into his M4Al assault rifle,
and failed to inspect his weapon to ensure it only contained
blanks. During the exercise, he pointed his M4Al assault rifle
at ra lifand fired several rounds of
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