DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 06769-11
22 September 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 22 Jun 11 w/attachments
(2) HOMC RCT memo dtd 1 Sep 11 w/enclosures
(3) 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 he was placed on the Inactive Status List (ISL)
on 17 July 2010, rather than 24 April 2011, and that his failure of
selection by the Fiscal Year (FY) 2012 Reserve Major Selection Board
be removed. He also failed of selection by the FY 2011 Reserve Major
Selection Board. Because of the failures of selection for
promotion, he is scheduled to be involuntarily discharged from the
Marine Corps Reserve on 1 December 2011.
2. The Board, consisting of Messrs. Chapman, W. Hicks, and Swarens,
reviewed Petitioner's allegations of error and injustice on 22
September 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 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. In correspondence attached as enclosure (2), the Headquarters
Marine Corps office having cognizance over the subject matter of
Petitioner's case has commented to the effect that the request has
merit and warrants favorable action, specifically, removing his
failure of selection by the FY 2012 Reserve Major Selection Board
and correcting his record to show transfer to the ISL on 13 July 2010,
the date his request for transfer was approved.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
the existence of an error and injustice warranting the following
- corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show he was
transferred to the ISL on 13 July 2010, rather than 24 April 2011.
b. That his record be corrected further by removing his failure
of selection by the FY 2012 Reserve Major Selection Board.
c. That any discharge or other action based in any way on
Petitioner's failure of selection before the FY 2012 Reserve Major
Gelection Board be cancelled and, if necessary, that related
documentation be removed from his record.
d. 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.
e. 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.
4. Tt 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.
A
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.
TR tS ZU
Wee. Ww. DEAN PFEIFFER
Executive Director
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