DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. 6659-12
13 September 2012
From: Chairman, Board for Correction of Naval Records
Tos Secretary of the Navy
el Ei SEI a al Ey
REVIEW OF NAVAL RECORD
Ref: (a) 10 -U.58.6; 1552
Enel: (1) DD Form 149 dtd 29 May 12
(2) HOMC MMSR-5 memo dtd 14 Jun 12 w/enclosure
(3) HOMC MMPR memo dtd 6 Sep 12
(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 he was discharged from the U. &.
Marine Corps Reserve (USMCR) in May 2003 and reinstated in the
Individual Ready Reserve in February 2009, so that he will not
be discharged from the USMCR on 1 October 2012.
2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed Petitioner's allegations of error and
injustice on 13 September 2012, 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), MMSR-5, the
Headquarters Marine Corps (HOMC) 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.
That office specifically recommended correcting his record to
show he was discharged on 27 May 2003 and reappointed on 14
February 2009.
on In correspondence at enclosure (3), MMPR, the HOMC
Promotions Branch, commented to the effect that if Petitioner
had been discharged on 27 May 2003 and reappointed on 14
February 2009, he would have been reappointed as a major with a
date of rank of 1 January 2006 and lineal number of 10517000.
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 the following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show he
was discharged from the USMCR on 27 May 2003 and reappointed on
14 February 2009 as a major, with a date of rank of 1 January
2006 and lineal number of 10517000.
b. That action to effect his discharge from the USMCR on 1
October 2012 be set aside.
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 in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
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 JONATHAN S. RUSKIN |
Acting Recorder |
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.
Papel Pat
Yen. DEAN PFEIFFER
Executive Director
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