Docket No. 8658-20
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF FORMER      XXX XX USMCR     
 
Ref: (a) Title 10 U.S.C. § 1552  
     (b) Title 10 U.S.C. § 14505  
  
Encl: (1) DD Form 149 w/enclosures 
      (2) HQMC memo 1820 MMSR-5 of 17 Feb 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 he was transferred to the Inactive Status List (ISL), and to remove his failures of selection (FOSs) to the grade of major.  Petitioner implicitly requested reinstatement in the Marine Corps Reserve. 
                                           
2.  The Board, consisting of   , reviewed Petitioner’s allegations of error and injustice on 8 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 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 was released from active duty and transferred to the Reserve Active Status List (RASL), Individual Ready Reserve (IRR) on 2 June 2014.  Petitioner’s statutory military service obligation (MSO) terminated on 7 August 2017.  Petitioner remained in the IRR after his MSO, and was therefore eligible for the Fiscal Year (FY) 2020 and FY 2021 USMCR Major Promotion Selection Boards, that convened in January 2019 and January 2020, respectively.  Petitioner failed selection by both boards.  Consequently, pursuant to reference (b), Petitioner was permanently separated on 1 November 2020.  
 
      c.  Petitioner contends that he should have been transferred to the ISL after his MSO termination date, and prior to the convening of the FY 2020 promotion selection board.  He further contends that, had he been transferred to the ISL, he would not have incurred his FOSs, and he would not have been involuntarily separated from the Marine Corps Reserve. 
 
      d.  The Advisory Opinion (AO) at enclosure (2) recommends Petitioner’s record be corrected to show he was transferred to the ISL on 16 December 2018, and then transferred back to the IRR on 14 July 2020.  MMSR-5 also recommends that Petitioner’s record reflect that he was not eligible for promotion consideration while he was on the ISL, and that he was not discharged on 1 November 2020. 
 
 CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  In this regard, the Board noted that Petitioner completed his MSO, and that he also failed to meet the minimum ready reserve participation requirements.  For these reasons, Petitioner should have been screened and ultimately transferred to the ISL.  Had Petitioner been transferred to the ISL, he would not have been eligible for or failed selection for promotion.  The Board thus concluded that Petitioner’s record shall be corrected as recommended by MMSR-5, providing he is physically and otherwise qualified to serve in the IRR.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected to reflect that he was transferred to the ISL on 16 December 2018. 
 
NOTE:  Service in the ISL may not be counted in any computation of years of service for retirement purposes.  Assignment to the ISL terminates a Marine’s anniversary year for Reserve retirement purposes.  A new anniversary date for Reserve retirement purposes begins on the date of restoration to an active status.  Time spent in the ISL is counted in years of commissioned service when determining service limits by grade and creditable service for pay. 
 
Petitioner’s naval record be corrected to reflect that he was transferred from the ISL to the RASL, IRR on 14 July 2020, providing he is physically and otherwise qualified.   
 
Petitioner’s naval record be corrected by removing his FOSs incurred by the FY 2019 and FY 2020 USMCR Major Promotion Selection Boards. 
 
Petitioner’s naval record be corrected to reflect that he was not discharged on 1 November 2020, providing he is physically and otherwise qualified to serve on the RASL. 
 
The Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records and make payment of any money that Petitioner may be entitled to. 

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.