DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 13282-0909
17 September 2010
From: Chairman, Board for Correction of Naval Records
Le: Secretary of the Navy
Sub):
EVIEW OF NAVAL RECORD
REL: (a) Thale 10 U.8..C.. LS52
Encl: (1) DD Form 149 dtd 12 Dec 09 w/attachs
(2) 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 he be tendered a Marine Corps Reserve commission
effective 16 February 2009, and that he be promoted to captain,
pay grade 0-3. His request to be promoted was not considered
because this relief, if warranted, may be administratively
implemented by the Headquarters Marine Corps Promotion Branch
(MMPR-1) after he receives his reserve commission.
De. he Board, consisting of ness: SD aap and
} reviewed Petitioner’s allegations of
Injustice on 14 September 2010, 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 served on active duty in the Marine Corps
from 6 June 2004 until 15 February 2009, when he was honorably
discharged as a first lieutenant, pay grade 0-2. He should
have been tendered a Marine Corps Reserve commission effective
16 February 2009. He has a reserve commitment until 18 June
2013.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board finds an error warranting relief. In light of
Petitioner's commitment in the Marine Corps Reserve until 18
June 2 Ops, the Board finds that he should have been tendgred a
reserve commission effective 16 February 2009, the day after he
was discharged from active duty. In view of the above, the
Board recommends the following corrective action:
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by
tendering him a Marine Corps Reserve commission effective 16
February 2009.
b. That any material or entries inconsistent with or
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.
c. 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 ;-’ “£oe Bes, Fin 2
, vat sie
baer tial file maintained for such purpose, 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.
Avon)
pon
ROBERT D. ZSALMAN BRIAN
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
\o Sun
W. DEAN PFE
Reviewed,and ap ed:
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
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