DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5109 TRG
Docket No: 3163-09
25 June 2009
From: Chairman, Board for Correction of Naval Records
To; Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
me
Ref: (a) Title 10 U.S.C. 1552
Encl: {1} Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
member of the Marine Corps Reserve, filed an application with
this Board requesting that his records be corrected to show that
he had participation in the Individual Ready Reserve (IRR) so
that he will be eligible for remedial consideration for promotion
to gunnery sergeant.
2. The Board, consisting of Mr. ue. Ms . aiiiiileiamialis 20. MS .
“reviewed Petitioner's allegations of error and injustice
on 23 June 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 available under existing law and
regulations within the Department of the Navy.
b. Petitioner's application was filed ina timely manner.
ec. Petitioner, a Marine Corp Reservist, was severely
injured during operations in Iraq and has been awarded the Purple
Heart. He was released from active duty on 27 February 2004,
apparently without proper evaluation of his injuries.
Subsequently, he was discharged from the Marine Corps Reserv
when he was denied reenlistment. It appears that this occurred
because he was considered not physically qualified. On 21 June
2007, based on 4 favorable recommendation from Headquarters
Marine Corps, this Board directed that he be reinstated in the
TRR and that a iine of duty determination for his injuries be
made. When this action was accomplished, Petitioner was ordered
to adtive duty pending evaluation of his condition.
d. Petitioner's Career Retirement Credit Report (CRCR) now
shows that he was released from active duty in 2004 and that he
was only credited with 15 membership points in the four
anniversary years beginning on 22 July 2004 and ending on 21 July
2008. Petitioner is being denied consideration for remedial
promotion to gunnery sergeant because he has no participation
while in the IRR. He could not participate during the time that
he was discharged from the IRR. Petitioner has informed the
retirement.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Since Headquarters Marine Corps and the Board agree that
he should not have been discharged and the record has been
corrected to show continuous service, the Board believes that the
record should now be further corrected to show that he was
credited with 35 nonpay retirement points in each of the four
anniversary years beginning on 22 July 2004 and ending on 21 July
2008. When his correction is made, it appears that he will be
eligible for remedial consideration for promotion.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reasons for the correction to this
record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by crediting him
with 35 nonpay retirement points in the four anniversary years
beginning on 22 July 2004 and ending on 21 July 2008.
b. That Petitioner be considered for remedial consideration for
promotion to gunnery sergeant if otherwise eligible.
c. That this Report of Proceedings be filed in 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. —
ROBERT D. ZSALMAN : BRIAN \ GEORGE
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 723.6 (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.
Lee )
W. DEAN
Executive Di
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