Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 02546-10
Original file (02546-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BJUG
Docket No: 2546-10
17 November 2010

From: Chairman, Board for Correction of Naval Records
TS: Secretary of the Navy

 

 

 

REVIEW OF NAVAL RECORD
Ref: (a) Thtle LO U.S... 1552
Encl: (1) DD Form 149 dtd 9 Mar 10 w/attachments

 

(2) Subj’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 by changing block 26
(Separation Code) of his DD Form 214 (certificate of Release or
Discharge from Active Duty) from “KBK1" (Normal Expiration of
Service) to “MBK1” (Expiration of Term of Service). He also
impliedly requested that he be tendered a reserve commission
effective 7 April 2009.

2. The Board, consisting of oo: Messrs. SS
and , reviewed allegations o Yr and injustice on 16
Nove 2010, and pursuant to its regulations, determined that
the limited 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. Petitioner entered active duty in the Regular Marine
Corps on 8 April 2005 and served until he was honorably
discharged on 6 April 2009. He had an eight year commitment,
so he should have been tendered a Marine Corps Reserve
commission effective 7 April 2009. He was correctly assigned a
Separation Code of “KBK1”.

CONCLUSION :

Upon review and consideration of all the evidence of record,
the Board finds the existence of an error warranting the
following limited corrective action.

RECOMMENDATION:
a. That Petitioner's naval record’ be corrected by
tendering him a Marine Corps Reserve commission effective 7

April 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 or material be added to the record in the future.

Gx 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 in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.

d. That no further relief be granted.
4. Pursuant to Section 6(c) of the revised Proceduges of the
Board; for Correction of Naval Recérds ‘(32 Code of Féderal

Regulations, Section 723.6(c)) 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.

lo

W. DEAN P
Executive Di

Similar Decisions

  • NAVY | BCNR | CY2010 | 02369-10

    Original file (02369-10.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. Dunn, Garst and Grover, reviewed Petitioner's allegations of error and injustice on 18 November 2010, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In correspondence attached as enclosures (2) through (5), the Headquarters Marine Corps offices with cognizance over the subject matter of this case have commented to the effect that Petitioner's requests concerning the...

  • NAVY | BCNR | CY2010 | 11249-10

    Original file (11249-10.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 11249-10 20 October 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy subj: ee REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. 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 by...

  • NAVY | BCNR | CY2010 | 06329-10

    Original file (06329-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he was transferred to the Retired Reserve (Awaiting Pay at Age 60) vice discharged from the United States Marine Corps Reserve. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George reviewed Petitioner's allegations of error and injustice on 21 March 2011 and, pursuant to its...

  • NAVY | BCNR | CY2011 | 00986-11

    Original file (00986-11.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he accepted a commission as a captain in the Marine Corps Reserve on 26 July 2010, the date of his discharge from the Regular Marine Corps; and that his record be corrected further to show he was promoted to major in the Marine Corps Reserve with the date of rank and effective date...

  • NAVY | BCNR | CY2009 | 07625-09

    Original file (07625-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting that his naval record be corrected by modifying the fitness report for 1 June 2006 to 20 April 2007 by deleting, from section I (reporting senior’s “Directed and Additional Comments”), “Capable officer that at times allowed the dynamic nature of operations to impact his overall efficiency and effectiveness. In enclosure (3), the...

  • NAVY | BCNR | CY2010 | 02855-10

    Original file (02855-10.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 LEC Docket No: 2855-10 7 Sep 10 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj; REVIEW OF NAVAL RECORD ai , pies’ Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner was...

  • NAVY | BCNR | CY2010 | 01968-10

    Original file (01968-10.pdf) Auto-classification: Denied

    HOMC has advised that Subject was discharged on 1 November 2009 on the basis of failures of selection by the FY 2009 and 2010 CWO3 Selection Boards. Because of the two failures of selection for promotion, he was discharged from the Marine Corps Reserve on 1 November 2009.” CONCLUSION: Delete the sentence “If he fails of selection by the FY 2011 promotion board, the Board finds that failure of selection should be removed as well, since it must be removed to restore the status Petitioner...

  • NAVY | BCNR | CY2011 | 01610-11

    Original file (01610-11.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), BDetLbionet, a enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his record be corrected by removing derogatory material regarding his conviction by special court- martial (SPCM) of 23 April 2009. The Board, consisting of Mr. Green, Mr. Genteman, and Ms. McCormick, reviewed Petitioner's allegations of error and injustice on 1 March 2011 and, pursuant to its regulations, determined that the corrective action...

  • NAVY | BCNR | CY2014 | NR4745 14

    Original file (NR4745 14.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7O! c. Enclosure (2), the report of the HOMC PERB in Petitioner's case, shows that the PERB directed removing the contested fitness report for 1 January to 27 April 2008, but commented to the effect that the five remaining reports at issue should stand. In enclosure (5), Petitioner provided new evidence in support of his new request to remove the page 11 entries dated 11 June 2010 and 12 May 2011. g. In enclosures (6) and (7),...

  • NAVY | BCNR | CY2010 | 13298-10

    Original file (13298-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he was entitled to separation pay at the time of separation from active duty service. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George reviewed Petitioner’s allegations of error and injustice on 18 April 2011 and, pursuant to its regulations, determined that the corrective action indicated below should be...