DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9626-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref:(a) 10 U.S.C. § 1552 (b) MCO 1300.8 (c) MCO 1900.16 (MARCORSEPMAN) Encl:(1) DD Form 149 w/attachment (2) Petitioner's App'x J of 27 Apr 18 1. Pursuant to the provisions of reference (a), Petitioner, a non-commissioned officer of the Marine Corps, filed enclosure ( 1) with this Board, requesting that enclosure (2), his completed "Appendix J" pre-application checklist signed 27 April 2018, be removed from his official military personnel file (OMPF). 2. The Board reviewed Petitioner's allegations of error and injustice on 24 September 2019 and, pursuant to its regulations, determined that no corrective action should be taken on the available evidence of record. As noted below, the Executive Director believes, contrary to the Board, that relief is appropriate. Documentary material considered by the Board consisted of Petitioner's application, together with all material submitted in support thereof, relevant portions of his 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, found that, before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. BOARD CONCLUSION: The Board determined that the evidence was insufficient to establish the existence of probable material error or injustice. The Board considered Petitioner's request to remove from his OMPF enclosure (2), his 27 April 2018 "Appendix J" pre-application for transfer to the Fleet Marine Corps Reserve (FMCR) checklist. The Board noted that Petitioner has not been transferred to the FMCR, and that he is not pending approved transfer to the FMCR. The Board also noted that, despite his contention that the presence of the Appendix J in his OMPF would hinder his competitiveness for promotion, Petitioner was selected for promotion and promoted to his current grade. The Board thus concluded that the checklist does not constitute probable material error or injustice, and that, therefore, corrective action is not warranted. BOARD RECOMMENDATION: That Petitioner's request for correction to his record be denied, and that no corrective action be taken. EXECUTIVE DIRECTOR CONCLUSION: Taking into account the findings of the Board, the Executive Director found that corrective action is nevertheless warranted in Petitioner's case. The Executive Director noted that, in enclosure (2), Petitioner indicated that he intended to request transfer to the FMCR effective 31 July 2019. Petitioner, however, remains on active duty, has not been transferred to the FMCR, and does not have an approved date for transfer to the FMCR. The Executive Director also noted that Petitioner executed permanent change of station (PCS) orders, reporting to his present duty station on 15 July 2018 and thus incurring two years of additional obligated service from that date under reference (b), and that he was later promoted to his current grade on 1 May 2019, thereby rendering him ineligible under reference (c) for transfer to the FMCR for two years from that date. Accordingly, by his execution of PCS orders and acceptance of promotion, Petitioner has rendered his 27 April 2018 Appendix J obsolete. Its continued maintenance in his record not only serves no useful purpose, but also constitutes an injustice, rendering his record less competitive for future promotion and assignments. In view of the above, the Executive Director recommends the following corrective action. EXECUTIVE DIRECTOR RECOMMENDATION: That the 27 April 2018 Appendix J be removed from Petitioner's OMPF. That no further corrective action be taken. 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. The foregoing action of the Board is submitted for your review and action.