DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 961-18 
FEB 28 2018 

From: Chairman, Board for Correction ofNaval Records 
To:   Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD ICO

Ref:  (a) Title 10 U.S.C. §1552 
Encl: (1) DD Form 149 w/attachments 
      (2) Case summary with attaclunents 
      (3) Petitioner's naval record (excerpts) 
      (4) CO Advocacy letter dtd 8 Feb 18 

1. Pursuant to the provisions of reference (a) Petitioner, an enlisted member ofthe Marine Corps, filed enclosure (1) with this Board requesting that an Administrative Remarks (Page 11) be entered in his official military personnel file (OMPF) documenting that he be exempt from attending the required Enlisted Professional Military Education (EPME), Resident Sergeants Course. Furthermore, he requests to be considered for a remedial Staff Sergeant Selection Board FY17. Enclosures (1) through (4) apply.  

2. The Board, consisting of   ,    and   , reviewed Petitioner's allegations of error and injustice on 12 February 2018 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.


3. The Board, having reviewed all the facts ofrecord 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. Enclosure (1) was filed in a timely manner. 

c. On 2 August 2014, Petitioner was promoted to Sergeant. 

d. On 24 August 2015, Petitioner completed the Sergeants Course Distance Education 
program. 

e. On 16 May 2016, Petitioner received nonjudicial punishment (NJP) and was reduced in 
rank from Sergeant to Corporal. 

f. MARADMIN 521/14 -Updated Enlisted PME Prom Reqr's by Gde required completion of 
the Resident Sergeant's Course in order to be promoted to the rank of Staff Sergeant effective 1 October 2016. Corporals were not authorized to attend this course.
 
g. The Fiscal Year 2017 Staff Sergeant Promotion Board convened on 12 July 2017. 

h. On 8 January 2018, The Board for Correction of Naval Records (BCNR) directed that 
Petitioner's record be corrected by removing the NJP and restoring his rank to Sergeant. 

i. On 7 February 2018, Petitioner contacted MMPR-2 in order to submit for a Remedial 
Selection Board for promotion to Staff Sergeant. He was informed that because he did not have the required PME, he would not be selected for promotion unless BCNR directed a waiver for the resident PME. 

j. On 8 February 2018, Petitioner's former commanding officer (CO) submitted an advocacy letter requesting a waiver ofthe PME requirement for promotion to Staff Sergeant. The CO noted that Petitioner previously met the PME requirement for promotion in 2015 and due to the high operation tempo, Petitioner was unable to attend Resident Sergeants Course. The CO further stated that had the Petitioner not been reduced, he would have completed the PME requirement prior to the 2017 Selection Board. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light ofenclosure (4), the Board concludes that Petitioner's request warrants full relief. The Board concluded that it would be an injustice to penalize the Petitioner for failing to meet a PME requirement that he was unable to complete due to operational tempo and his subsequent reduction to Corporal, which made him ineligible for the course. 

In view ofthe above, the Board recommends the following corrective action. 

RECOMMENDATION 

That Petitioner be granted a waiver for the PME requirement to attend the Resident Sergeants Course.  

That Petitioner be considered by the earliest possible remedial selection board convened for promotion to Staff Sergeant. 

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 CorrectionofNaval 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 ofreference (a), has been approved by the Board on behalf of the Secretary ofthe Navy. 


Executive Director