From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER USMC, XXX-XX- Ref: (a) Title 10 U.S.C. §1552 (b) MCO P1400.32D w/Ch1 Encl: (1) DD Form 149 of 04 Aug 20 (2) MCTFS Present Grade / Select Grade Data of 22 Mar 21 (3) MCTFS Composite Score 123 Remarks of 22 Mar 21 (4) Historical Cutting Scores (Active Sgt / 0352) (5) Administrative Remarks 11 Dec 09 & 22 Jan 10 (6) CO ltr 6100 C476 of 18 Aug 11 (7) MCTFS Diary Retrieval System (8) Administrative Remarks 14 Sep 11 (9) MCTFS Weight Control 113 Remark of 22 Mar 21 (10) DD Form 214 of 30 Aug 12 (11) HQMC memo 1400/3 MMPR-12 of 21 Aug 20 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect promotion to Sergeant/E5 during December 2009. 2. The Board reviewed Petitioner’s allegations of error and injustice on 1 April 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 record, 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. Although the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. On 1 July 2007 Petitioner promoted to Corporal E4. See enclosure (2). d. As of 22 September 2009, Marine Corps Total Force System (MCTFS) reflects Petitioner’s composite score for the October, November, and December 2009 promotion quarter was 1774. See enclosure (3). e. Per reference (b), The promotion to Sergeant (Sgt) is based on the composite scores (CS) automatically computed quarterly for each eligible Corporal. The determination of which eligible Corporals will be promoted, subject to the composite score stipulation, is the sole responsibility of the commander. A Marine is not promoted until the commander issues a promotion certificate to the Marine. Many errors occur in which a Marine is not promoted by issuance of a promotion certificate because of administrative oversight by the command. When a Marine has a “Select Grade” in MCTFS and the promotion is not affected because of an administrative error by the command, or because of a Marine’s transient/leave status, the command will affect the promotion on the unit diary with a date of rank and effective date of the 1st day of the selected month. The certificate must reflect the same dates as input on the unit diary. Reference (b) goes on to state in accordance with MCO P1070.12 an appropriate page 11 counseling entry must be made in the Marine’s service record book for each month the Marine is not recommended for promotion for reasons other than those listed in paragraph 1204 (Promotion Restrictions) of reference (b). f. The historical cutting scores for Active Sergeant, 0352 reflect Petitioner met required composite score of 1774 for promotion effective December 2009. See enclosures (3) and (4) g. Petitioner’s Official Military Personnel File (OMPF), administrative remarks (NAMVC 118 (11), contains a counseling entry dated 11 December 2009, reflecting Petitioner is eligible but not recommended for promotion to “Sgt” for the month of January 2010. Note: This entry was entered on the NAVMC 118(11) after counseling entries received for assignment to Marine Corps, Body Composition Program (BCP) dated 22 January 2010. However, Petitioner’s OMPF does not contain any counseling entries specifying non-recommendation for promotion to Sgt for the month of December 2009. See enclosure (5). h. On 18 August 2011 the Commanding Officer, issued directive to remove all records of BCP assignment for Petitioner due to improper conduct of the program. See enclosure (6). i. On 26 August 2011, the erroneous entry was deleted and Petitioner’s assignment to weight control was removed. See enclosure (7). Note: The assignment to weight control on 12 January 2010 placed Petitioner in a promotion restricted status effective that date until removal. j. On 14 September 2011, Petitioner received counseling for assignment to Marine Corps BCP and promotion restriction. Assignment entered in MCTFS. See enclosures (8) and (9). k. On 30 August 2012 Petitioner transferred to the Temporary Disability Retired List (TDRL) in the rank of Corporal, pay grade E4. See enclosure (10). l. The advisory opinion, enclosure (11), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has no merit and warrants unfavorable action. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures, the Board finds the existence of injustice warranting corrective action and recommended full relief. The Board determined the Petitioner’s naval record did not contain the required administrative actions to restrict or deny promotion to Sergeant during the period of December 2009 and February 2010 through June 2010. The Board concluded the Petitioner met promotion eligibility requirements for promotion to Sergeant/E-5 for the month of December 2009 promotion month and that due to administrative errors was not promoted prior to assignment to the Marine Corps BCP effective 14 September 2011. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner promoted and issued DD Form 216 (MC) to Sergeant/E5 effective 1 December 2009 with a date of rank of 1 December 2009. The administrative remark (Page 11) entry of 22 January 2010 shall be expunged from Petitioner’s record. Petitioner be issued DD Form 215 to correct block 4a to read [Sgt] vice [Cpl] block 4b to read “E-5” vice “E-4,” and block to read 12i [2009 12 01]. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), it is certified that 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. 4/8/2021 Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Board Recommendation (Grant Relief) 4/27/2021 Assistant General Counsel (M&RA)