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. 1852
Encl: (1) DD Form 149 dtd 20 Apr 10 w/attachments
(2) HQOMC MMPR memo dtd 22 Sep 10
(3) 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 backdating his
Marine Corps Reserve commission to 2 June 2007. He currently
has a reappointment date in the Marine Corps Reserve of 3 May
2010. He also requested a special selection board (SSB). The
Board did not consider his request for an SSB since his
promotion board is imminent (February 2011).
2. The Board, consisting of Messrs. SB. 0 GP and
vs, CN evi ewed allegations of error and injustice on
19 October 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. Petitioner entered active duty in the Regular Marine
Corps on 12 December 2003 and served until he was discharged on
1 June 2007. He had an eight year commitment, so he should
have been tendered a Marine Corps Reserve commission effective
2 June 2007. He was reappointed in the Marine Corps Reserve on
3 May 2010 as a first lieutenant.
c. In enclosure (2), the Headquarters Marine Corps office
with cognizance over the subject matter of this case has
commented to the effect that the request has merit and warrants
favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of enclosure (2), the Board finds the
existence of an error warranting the following corrective
action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by
backdating his Marine Corps Reserve commission to 2 June 2007.
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.
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, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitig@mer’s naval record.
GRR eo ‘
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
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 A 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.
W. DEAN PF
Executive
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