From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) 10 U.S.C. § 1552 (b) MCO P1400.32D W/CH 2 (MARCORPROMMAN, VOL 2, ENLPROM) (c) MARADMIN 670/14 Encl: (1) DD forms 149 (2) ltr of 20 Aug 15 (3) HQMC memo 1400/3 MMPR-2 of 3 Jul 19 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Marine, filed enclosure (1) with this Board, requesting that his record be corrected to reflect his promotion to the grade of sergeant (Sgt)/E-5 with a date of rank (DOR) of 1 January 2015, and, implicitly that his reentry (RE) code be changed from RE-2A to RE-1A. 2. The Board, consisting reviewed Petitioner’s allegations of error and injustice on 23 July 2019 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, relevant portions of Petitioner’s 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, found as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. b. Per reference (b), the Commandant of the Marine Corps controls the number of Reserve Marines to be promoted to sergeant through the use of the automatic composite score. Promotions of Selected Marine Corps Reserve Marines and Active Reserve Marines in these categories are authorized based on vacancies existing throughout the Marine Corps Reserve. These promotions are based on composite scores automatically computed for each eligible Reserve corporal. The term “eligible” as it relates to promotion refers to any corporal who meets the 12 months’ time-in-grade and 24 months’ time-in-service requirements. The Reserve promotion months are January, April, July, and October. Furthermore, per reference (c), Marines who complete the Corporals Course Distance Education Program (DEP) or have attended a command-sponsored Corporals Course will be considered Professional Military Education-complete for the grade of Sgt/E-5. c. Petitioner was promoted to corporal on 1 October 2011 in the Military Occupational Specialty (MOS) 3531, Motor Vehicle Operator. He obtained a composite score of 1712 for the January 2015 promotion quarter. The minimum cutting score was 1654 in January 2015. Additionally, Petitioner completed his Corporals Course DEP on 13 December 2014. d. Petitioner contends that he was qualified for promotion to Sgt/E-5 on 1 January 2015, but, without explanation, was instead told that he would be promoted the following quarter. Despite multiple efforts on his part to have his promotion timely entered into the Marine Corps Total Force System in order to avoid his discharge due to service limitations, administrative personnel did not timely effect Petitioner’s promotion. e. Petitioner was denied reenlistment due to service limitations and was discharged as a corporal/E-4 with an honorable characterization of service. Upon discharge, Petitioner was assigned an RE code of RE-2 (transferred to the Fleet Marine Corps Reserve (FMCR) prior to reaching maximum service limitations). Petitioner asserts that his current grade and RE code prevent his reenlistment in the Marine Corps Reserve. f. In correspondence attached at enclosure (3), the office having cognizance over Petitioner’s request for remedial promotion recommended that his request be approved, explaining that he qualifies to be promoted to the grade of Sgt/E-5 effective 1 January 2015. CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief. In this regard, the Board substantially concurred with the AO and determined that, due to an administrative error and his unit’s inaction, Petitioner was not promoted on 1 January 2015, although he met the prerequisites. Further, had he been promoted on 1 January 2015, he would not have been at service limitations and could have requested reenlistment. The Board determined that his RE code “RE-2A” is in error because he was not transferred to the FMCR prior to reaching maximum service limitations. The Board concluded that Petitioner shall be promoted to the grade of Sgt/E-5 with a 1 January 2015 DOR. Additionally, since he will no longer be at service limitations, his RE code shall be changed to RE-1A (recommended and eligible). RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by promoting him to the grade of Sgt/E-5 with a 1 January 2015 DOR and effective date, and that a promotion warrant be issued. Petitioner’s naval record be corrected by changing his RE code from “RE-2A” to “RE-1A” Petitioner’s record be corrected by removing enclosure (2), the letter of 20 August 2015. 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. This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material. 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 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.