DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 00986-11
7 April 2011
From: Chairman, Board for Correction of Naval Records
Tow Secretary of the Navy
Subj: ileal
RECORD
Ref: (a) 10:°U.S.€, 2552
Encl: (1) DD Form 149 dtd 7 Jan 11
(2) HOMC MMPR memo dtd 17 Feb 11
(3) HOMC MMSR-5 memo dtd 10 Mar 11
(4) Subject’s naval record
1. 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 he
would have received, had he been commissioned in the Marine
Corps Reserve without a break in service.
2. The Board, consisting of Messrs. Green, Pfeiffer and Vogt,
reviewed Petitioner's allegations of error and injustice on 7
April 2011, 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 polienes:.
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. In enclosures (2) and (3), the Headquarters Marine Corps
offices with cognizance over the subject matter of Petitioner's
case have commented to the effect the request has merit and
warrants favorable action. Enclosure (2) specifically
recommends correcting his record to show he was promoted to
major with a date of rank (and by implication, effective date)
of 1 November 2010.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3),
the Board finds the existence of an error and injustice
warranting partial relief. In light of enclosure (3), the Board
finds Petitioner's record should be corrected to show he was
commissioned in the Marine Corps Reserve on 27 July 2010, the
day after his discharge from the Regular Marine Corps, rather
than 26 July 2010, the date he specifically requested. In light
of enclosure (2), the Board finds his record should be corrected
further to show he was promoted to major in the Marine Corps
Reserve with a date of rank and effective date of 1 November
2010. In view of the above, the Board directs the following
limited corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show he
accepted a commission as a captain in the Marine Corps Reserve
on 27 July 2010; and that his anniversary date and pay entry
base date be established accordingly.
b. That his record be corrected further to show he was
promoted to major in the Marine Corps Reserve with a date of
rank and effective date of 1 November 2010; and that his lineal
precedence be adjusted accordingly.
c. 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.
d. 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 ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
e. That the remainder of Petitioner's request be denied.
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.
pvt”: Baath ey
ROBERT D. ZSALMAN “JONATHAN S. RUSKIN
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.
TRAD, od __
Teor_W. DEAN PFEIFFER
Executive Director
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