DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 82-18 FEB 04 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) l 0 U.S.C. § 1552 (b) 10 USC§ l43 10 Encl: (l) DD Form 149 1. Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Marine Corps filed enclosure (I) with this Board requesting his official military personnel file (OMPF) be corrected to reflect that he was not transferred to the inactive Status List (ISL), and that he was promoted to major with the date-of-rank (DOR) and lineal precedence he would have received had he been promoted by the Fiscal Year (FY) 2016 USMCR Major Promotion Selection Board. 2. The Board, consisting of , , and reviewed Petitioner's allegations of error and injustice on 11 December 2018, and pursuant to its regulations, determined that the co1Tective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of the 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. On 31 December 2013, Petitioner was transferred from the Active-Duty List (ADL) to the Individual Ready Reserve (IRR) of the Reserve Active Status List (RASL). While transitioning from the ADL to the RASL, Petitioner moved to to attend the University of . He completed a satisfactory anniversary year on the RASL on 30 June 2014. c. On 13 January 2015, the FY 16 USMCR (Unrestricted) Major Promotion Selection Board convened. Petitioner was selected with a 1 May 2016 projected DOR. d. Petitioner failed to complete a satisfactory anniversary year on the RASL ending on 30 June 2015. Thus, on 13 July 2015, the Marine Corps Individual Reserve Support Activity (MCIRSA) mailed correspondence to Petitioner at his home-of-record, notifying him of his pending transfer to the ISL for failure to meet minimum Ready Reserve participation requirements. In order to avoid transfer to the ISL, Petitioner was given the option to either request resignation from the Marine Corps Reserve or to request a waiver ofparticipation requirements. After the period to respond had expired, on 12 September 2015, Petitioner was transferred from the IRR to the ISL. Consequently, Petitioner' s FY16 selection to major was nullified per reference (b). e. On 26 January 20 16, Petitioner was transferred back from the ISL to the IRR, and then transferred from the IRR to Individual Mobilization Augmentee (IMA) status. f. On 9 January 2018, the FYl 9 USMCR (Unrestricted) Major Promotion Selection Board convened. Petitioner was selected and promoted with a DOR of I September 2018. g. Petitioner contends that his transfer to the ISL was the result of not being accorded a fair opportunity to maintain good standing in the Marine Corps Reserve, despite all of his efforts to do so. He asse1ted that he never received the letter from the MCIRSA notifying him of his transfer to the ISL. Otherwise, he would have taken the opportunity to waive his transfer based on his inability to find a unit to drill with while he was studying at the University of . Petitioner demonstrated his desire to remain in an active status by traveling from to in order to attend an IRR muster held in August 2014. h. In correspondence attached at enclosures (3) and (4), the offices having cognizance over Petitioner's request to correct his record recommended that his request be approved. Specifically, Petitioner would have been given favorable consideration to waive his transfer to the ISL, and he would not have been transferred to the ISL had the circumstances been as they ought. Further, the effort he displayed to maintain affiliation by traveling from to to attend an IRR muster is a matter of record and demonstrates Petitioner's desire for continued service in the USMCR. CONCLUSION Upon review and consideration of all the evidence of record, especially in light of enclosures (3) and (4), the Board finds the existence of an injustice warranting relief. In this regard, the Board noted that, because he was unable to find a unit to drill with while in , despite his best efforts, Petitioner did not complete a satisfactory anniversary year while in the IRR and was transferred to the ISL. Due to Petitioner's transfer to the ISL, his FY 16 promotion selection was nullified. However, the Board determined that Petitioner demonstrated his desire to remain on the RASL, and had he received notification of the MCIRSA's intent to transfer him to the ISL, he would have requested a waiver of participation requirements. Had Petitioner remained in the IRR, his selection would not have been nullified, and he likely would have been promoted to major on 1 May 2016. The Board determined that Petitioner's transfer was not erroneous, but it is unjust. Accordingly, the Board concluded that Petitioner's record shall be conected by removing his transfer to the ISL and by promoting him with the DOR and corresponding lineal control number (LCN) he would have received had he been promoted by the FY 16 Promotion Selection Board. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner's record be corrected by removing his transfer to the ISL on 12 September 2015, and that his record reflect continuous service on the RASL in the IRR until his transfer to the lMA on 28 January 2016. Petitioner's record be corrected by adjusting his DOR and LCN in the grade of major to the date and LCN he would have received had he been promoted by the FY 16 USMCR (Unrestricted) Major Promotion Selection Board. The Defense Finance and Accounting Service (DFAS) complete an audit of Petitioner's records and make payment of any money that Petitioner may be entitled to. 4. 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. 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 Regulation, 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. Executive Director