DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2405-10
27 September 2010
Chairman, Board for Correction of Naval Records
Secretary of the Navy
OF NAVA
(a) Title 10 U.S.C. 1552
si
=
(1) DD Form 149
(2) HOMC memo 1600 CMT, 19 Jul 10
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting that his naval record be
corrected to show, in effect, that he was commissioned as a first
lieutenant, U.S. Marine Corps Reserve (USMCR) effective 2 May
2009.
2. The Board, consisting of a 7 and Ms.
ier, reviewed Petitioner's allegations of error and
injustice on 28 July 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 available under existing law and
regulations within the Department of the Navy.
b. Petitioner enlisted in the Marine Corps on 12 August
1996. He was honorably discharged on 13 May 2005, and
commissioned the following day. He was released from active duty
and discharged on 1 May 2009 by reason of completion of required
active service, having completed a total 12 years, 8 months and
19 days of active duty service.
c. In correspondence attached as enclosure (2), the Board
was advised by the Career Management Team, Headquarters, U.S.
Marine Corps(CMT,HQMC),in effect, that as Petitioner did not have
a remaining service obligation on 1 May 2009, he was required to
complete a service record book page 11 entry if he wanted to be
tendered a commission in the Marine Corps Reserve. Petitioner
did not complete such an entry because he had been misadvised by
“his personnel section” that “a Reserve commission was
automatic”; however, Petitioner should have been familiar with
the governing directives and acted accordingly. The CMT, HOQMC
recommended “[b]ased on the information available”, that the
Board disapprove Petitioner's request. It noted that he could
request to be reappointed through a prior service recruiter.
CONCLUSION:
sg ot a
Upon review oritccned dana sae of all the evidBnce of record, and
notwithstanding the unfavorable recommendation contained in
enclosure (2), the Board concludes that Petitioner’s request
warrants favorable action. In this regard, it believes that
Petitioner would have been tendered a commission in the Marine
Corps Reserve but for the fact that he received erroneous advice
from cognizant personnel officials. Accordingly, the Board finds
the existence of an injustice warranting the following corrective
achion..
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that on 2
May 2009 he was tendered and accepted a commission as a first
lieutenant, USMCR and assigned to the Individual Ready Reserve.
— t
Q..,,That g copy of the Record of Proceadinds be filed in his
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.
JS
ROBERT D. ZSALMAN eo EMICLOS
Recorder /Acting Recorder
5. The foregoing action of the Board is submitted for your
review and action.
LeQem
DEAN PF
Rporeved: (ALT Wort /o it jo
Disapproved:
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
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