From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD OF  
  
 
Ref:     (a) Title 10 U.S.C.  
(b) MCO 1001R.1L w/ CH-1 (Marine Corps Reserve Administrative Management Manual) 
 
Encl:   (1) DD Form 149 w/enclosures 
 (2) HQMC memo 1401 RAP of 30 Jan 20 
 (3) HQMC ltr 1900 MMSR-5 of 19 Nov 19 
  
 
1.  Pursuant to the provisions of reference (a), section 1552, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by reinstating his commission; removing unsatisfactory years 2003-2003 and replacing with a break in service between the first and second attendance of Officer Candidate School (OCS); removing unsatisfactory years 2015-2019 and replacing with either a break in service or service in the Standby Reserve, Active Status List (ASL); reinstating him to Active Drilling Status starting June 2019; removing all promotion board results in consideration of promotion from captain to major and resetting his status so that he can be considered for two future major promotion boards.  
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 26 January 2021 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.  Petitioner entered military service on 7 August 2003 and started OCS on 6 June 2004.  He was dropped from OCS on 12 July 2004.  Petitioner’s Career Retirement Credit Report reflects that he incurred unsatisfactory participation years from 7 August 2003 to 6 August 2008. Petitioner attended OCS for the second time on 3 October 2008, was commissioned on 12 December 2008 and served on active duty until he was honorably discharged on 1 December 2012 and transitioned into the Individual Ready Reserve (IRR).  Petitioner was promoted to the rank of Captain on 1 January 2013.  Petitioner incurred unsatisfactory participation years from 2015 through 2019.  He was considered and failed to be selected for promotion in the Fiscal Years (FY) 2019 and 2020 Unrestricted Reserve Major Selection Boards, which convened in January 2018 and January 2019, respectively.  Petitioner was separated from the Marine Corps Reserve on 1 November 2019. 
 
 c.  Petitioner states that he began a full-time theological Masters degree program in January 2016 and remained a full-time student until May 2019, when he graduated.  Petitioner contends that he requested placement in the Standby Reserve, ASL in accordance with section 12317 of reference (a); however, there is no evidence of this request in his official record or within the evidence presented.  Per reference (b), members of the ASL are still considered for promotions. 
 
 d.  Enclosure (2), an advisory opinion (AO) furnished by Headquarters, Marine Corps Reserve Affairs Program (RAP), recommended granting Petitioner’s request to remove unsatisfactory participation years from 2003 to 2008 from his official record.  The AO recommended denying the remaining requests noting that Petitioner rightfully received unsatisfactory participation years from 2015 to 2019 and that Petitioner was properly considered for and failed to be selected on the Reserve Major Promotion Board twice.  Consequently per sections 14505 and 14513 of reference (a), Petitioner was mandatorily separated from the Marine Corps Reserve, enclosure (3). 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the RAP AO, the Board determined that Petitioner’s request warrants partial relief.  The Board found that Petitioner’s unsatisfactory years between 2003 and 2008 were erroneous.  The Board concluded that the 2003 to 2008 unsatisfactory years shall be removed from his official military personnel file.   
 
The Board, however, determined that Petitioner’s unsatisfactory years from 2015 to 2019 and Petitioner’s promotion board results for major shall remain in his record.  In this regard, the Board noted that Petitioner did not join the Standby Reserve, did not participate in the reserves from 2015 to 2019, and was properly considered and failed to be selected twice on the Unrestricted Reserve Major Promotion Board.  The Board thus concluded that Petitioner was required to separate from the Marine Corps Reserve on 1 November 2019.     
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing unsatisfactory participation years from 2003 to 2008 from Petitioner’s official record. 
 
No further relief be granted. 
 
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.