Docket No: 6447-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER XXX-XX2 USMC Ref: (a) Title 10 U.S.C. §1552 (b) MARADMIN 510/18 of 13 Sep 18 (c) MARADMIN 685/18 of 5 Dec 18 (d) MARADMIN 135/19 of 5 Mar 19 (e) MARADMIN 684/19 of 12 Dec 19 Encl: (1) DD Form 149 of 25 Aug 20 w/Petitioner Statement (2) MCTFS BIR/Grade/Legal/Leave (3) Personal Award Recommendation approval of 22 Dec 11 (4) UPB of 22 Aug 18 (5) USMC Fitness Report NAVMC 10835A (1 Jul 18 to 22 Aug 18) (6) DD Form 1610 of 7 Nov 18 (7) Bronze Star Medal citation of 24 Apr 19 (8) Substance Abuse Control Officer memo of 19 Feb 20 (9) CMC memo of 20 Feb 20 (10) Careerist Active Duty Reenlistment request of 28 May 20 (11) ltr of 13 Jul 20 (12) DD Form 214 of 8 Aug 20 (13) HQMC memo of 5 Oct 20 (14) HQMC memo of 27 Oct 20 (15) Petitioner’s email of 10 Mar 21 1. Pursuant to the provisions of reference (a), 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 to reflect that Petitioner’s Temporary Early Retirement (TERA) request was submitted and approved. 2. The Board consisting of 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. On 1 July 2003 Petitioner entered active duty. See enclosure (2). c. On 22 December 2011 Petitioner was approved a Bronze Star Medal with Combat “V” for his combat actions on 6 April 2010. See enclosure (3). d. On 9 October 2015 Petitioner reenlisted for 4 years and 10 months with an end of current contract (ECC) of 8 August 2020. See enclosure (2). e. On 22 August 2018 Petitioner was subject to a non-judicial punishment (NJP) for violating Article 92 (failure to obey general orders or regulations) by consuming alcohol prior to operating a motor vehicle. The convening authority (CA) approved the NJP and the final punishment taken was forfeiture of half months pay for two months and restriction for 45 days, which the CA suspended the execution of the punishment. See enclosure (4). f. On 13 September 2018, reference (b), was published for the convening of the FY19 sergeant major through master sergeant staff noncommissioned officer selection board at which time Petitioner was in the promotion zone for the first time. g. On 28 September 2018 Petitioner acknowledged his adverse fitness report for the NJP taken on 22 August 2018. The reporting senior (RS) marked “Yes” in section A, item 7.a recommending Petitioner for promotion and marked “M” in section A, item 8.h recommending Petitioner for master sergeant. The RS made a directed comment in section I, stating that Petitioner’s “tactical acumen, strong subject matter expertise, and steadfast leadership best qualifies him to fill a MSgt billet.” See enclosure (5). h. On 7 November 2018 Petitioner received orders for the purpose of special mission travel for a period of 156 days. See enclosure (6). i. On 5 December 2018, reference (c), was published for the FY19 selections to first sergeant and master sergeant at which time Petitioner was not selected, thus being passed for promotion for the first time. j. On 24 April 2019 Petitioner was awarded the Bronze Star Medal for the periods of 27 November 2018 to 1 May 2019 for his exceptionally meritorious service, outstanding performance, expertise, and dedication of duty during combat operations. See enclosure (7). k. On 12 December 19, reference (e), was published for the FY20 selections to first sergeant and master sergeant at which time Petitioner was not selected, thus being passed for promotion for the second time. l. On 19 February 2020 the Substance Abuse Control Officer (SACO) of 2d Marine Raider Battalion issued a memorandum for the record on Petitioner. The memorandum stated that Petitioner was not referred to Substance Abuse Rehabilitation Program following his 2018 alcohol related incident. Also noting that the command had expressed that the Petitioner did not have a dependency to alcohol and has no reason to believe that he requires treatment. The SACO further noted that Petitioner’s assessment was voluntary and he has had no further alcohol related incidents and there is no reason for the command to believe that Petitioner requires treatment of any kind related to alcohol abuse. See enclosure (8). m. On 20 February 2020 the Commandant of the Marine Corps (CMC) issued a memorandum directing actions in support of his planning guidance implementation. CMC directed that the Deputy Commandant Manpower & Reserve Affairs identify all active duty 2P and 2P+ [twice passed for promotion and passed for promotion two or more time] officer and enlisted Marines who are currently eligible for 15 or 20-year retirements. See enclosure (9). n. On 28 May 2020 Petitioner’s careerist active duty reenlistment was submitted. The Petitioner’s commanding officer recommended that the reenlistment be approved and the commanding general recommended that the reenlistment be disapproved. Headquarters Marine Corps (HQMC) disapproved Petitioner’s request on 6 July 2020 due to failing to demonstrate the high standards of leadership, professional competence, and personal behavior required to maintain the prestige and quality standards of the Marine Corps. See enclosure (10). o. On 13 July 2020 the Commanding General, Marine Corps Installations East-Marine Corps Base issued discharge orders with a departure date of 13 July 2020. Furthermore, Petitioner was charged with 27 days leave (13 July 2020 to 8 August 2020). See enclosures (2) and (11). p. On 8 August 2020 Petitioner was honorably discharged upon completion of required active service with 17 years, 1 month, and 8 days. See enclosure (12). q. On 5 October 2020 HQMC (MMEA) provided an advisory opinion stating that Petitioner’s reenlistment be denied due to failing to demonstrate the high standard of leadership, professional competence, and personal behavior required to maintain the prestige and quality standards of the Marine Corps. See enclosure (13). r. On 27 October 2020 HQMC (MMSR-2) provided an advisory opinion stating that Petitioner was not eligible for TERA based on the denial of reenlistment due to legal issues. See enclosure (14). CONCLUSION Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief. In this regard, the Board agreed with both advisory opinions that the procedural process was not in error. However, the Board based their decision as an injustice based the Petitioner’s remarkable military career and his honorable service to the Marine Corps. The Board concluded that Petitioner should be allowed to retire under TERA, per reference (d). The Board noted that the Petitioner’s military service was exceptionally honorable and Petitioner only had one legal issue in his entire military career. The Board further noted that Petitioner took responsibility for his actions, has conducted himself in the same distinguished manner as prior to his 2018 NJP, awarded a second Bronze Star for his exceptional meritorious service in 2019, and receiving endorsements from his command for both promotion to master sergeant and for retention/reenlistment. The Board concluded that at the time, enclosure (9), was published Petitioner was twice passed for promotion and was eligible for consideration for TERA based on force shaping needs. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner submitted an Administrative Action (AA) form via the chain of command to Manpower Management Separation and Retirement (MMSR-2) in a timely manner requesting TERA. Furthermore, Petitioner’s request was approved by cognizant authority with a retirement date of 31 July 2020. On 13 July 2020, Petitioner was authorized 19 days vice 0 days of transition PTAD, and 0 days vice 27 days of annual leave. Furthermore, Petitioner was authorized to sell 60 days vice 45 days of leave. Note: HQMC is directed to make additional changes in Petitioner’s Official Military Personnel File (OMPF) based on this change to include retirement/travel orders, new DD Form 214, update Defense Manpower Data Center/Defense Enrollment Eligibility Reporting System (DMDC/DEERS), etc. Finally, Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.