DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 1558-16 
JUL 12 2017 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary of the Navy 

Subj: REVIEW NAVAL RECORD OF 
Ref: (a) 10 U.S.C. §1552 
(b) MCO Pl400.32D Ch 2 
(c) MarAdmin 521/14 
Encl: (1) DD Form 149 w/attachments 
(2) HQMC ltr 1326 MROWS/1720040/0 dtd 20 Dec 13 
(3) UPB dtd 24 Mar 14 
(4) ltr I 000 JJD dtd 27 Apr 14 
(5) HQMC ltr 1900 RAM dtd 19May14 
(6) I&I ltr 5812 I-I dtd 21May14 
(7) CG FHG ltr 5830 CG dtd 2 Jun 14 
(8)1tr 1000 JJD dtd 4 Jun 14 
(9) CG FHG ltr 1900 CG dtd 6 Jun 14 
(lO)DDForm214dtd31Jul14 
(11) BCNR ltr ES Docket No: 11392-14 dtd 14 Jan 16 
(12) HQMC memo 1070 JPL dtd 16 Mar 17 
(13)rebuttal dtd 1 May 17 
(14) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofreference (a), Petitioner, former enlisted member ofthe Marine 
Corps, filed enclosure (1) with this Board requesting that his separations code be changed, that 
he be re-instated into the Active Reserve (AR) Program, and awarded all back pay, allowances 
and promotions. 

2. The Board, consisting of                  , reviewed Petitioner's 
allegations oferror and injustice on 6 June 2017, and pursuant to its regulations, determined that 
the corrective action indicated below should be taken on the available evidence ofrecord. 
Documentary material considered by the Board consisted ofthe enclosures, his naval records and 
applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of 
error and injustice finds as follows: 

a. Before applying to this Board, the Petitioner exhausted all administrative remedies 
available under existing law and regulations within the Department ofthe Navy. 

b. The Petitioner submitted a request to join the Active Reserve (AR) program and was 
accepted. He was issued Permanent Change ofStation (PCS) orders on 20 December 2013 with 
a report date of 15 January 2014 for a period of 48 months. His adjusted date ofrank for 
Corporal is 1November2013. On 5 February 2014, the Petitioner received Temporary 
Additional Duty (TAD) orders to attend his Military Occupational Specialty (MOS) school to 
obtain the 2111 MOS. See enclosure (2). 

c. On 24 March 2014, the Petitioner received Non-Judicial Punishment (NJP) for violation of 
Article 92 and Article 134. The Petitioner was reduced in rank to Lance Corporal and forfeiture 
of$508.00 pay per month for 1 month. Forfeiture ofone months' pay was suspended for six 
months. The Petitioner chose not to submit an appeal. The Petitioner received a NA VMC 
118(11) consisting oftwo page 11 entries dated 24 March 2014 for violations ofArticles 92 and 
134; and for not being recommended for promotion to Corporal. On 27 April 2014, the 
Petitioner submitted an appeal ofhis NJP. On 19 May 2014, the Petitioner received notification 
ofbeing released from the AR program. On 21 May 2014, the Inspector-Instructor unfavorably 
endorsed the Petitioner's appeal of his NJP. On 2 June 2014, the Commanding General, Force 
Headquarters Group (CG, FHG) denied the Petitioner's appeal ofhis NJP. See enclosures (3) 
through (7). 

d. On 4 June 2014, the Petitioner submitted a rebuttal to enclosure (5). On 6 June 2014, the 
CG, FHG forwarded the Petitioner's request recommending that he be released from the AR 
program. On 31 July 2014, the Petitioner was released from active duty. See enclosures (8) 
through (10). 

e. The Petitioner submitted a DD Form 149 to the Board for Correction ofNaval Records and 
was assigned a docket number of 11392-14. His case was presented to the Board on 9 December 
2015 requesting that the NJP be removed from his record. The Board granted his request. The 
Petitioner submitted a DD Form 149 in July 2015 requesting he be re-instated into the Active 
Reserve (AR) Program, awarding ofback pay, allowances and promotions. See enclosures (1) 
and (11). 

f. In correspondence attached as enclosure (12), the office having cognizance over the subject 
matters addressed in Petitioner's application have commented to the effect that the request has 
partial merit and warrants partial favorable action. The Advisory Opinion (AO) recommended 
granting all the Petitioner's request except for the request to be promoted to the rank ofSergeant. 
See enclosure (12). 

g. On 1 May 2017, the Petitioner submitted a rebuttal to enclosure (12) stating that had he 
been given the opportunity he would have demonstrated full potential for promotion and that his 
past performance demonstrates his potential for promotion. He points out that due to high year 
tenure (HYT) enlisted members must be promoted by certain time frames or be forcibly 
separated from the service. See enclosure (13 ). 

Upon review and consideration of all the evidence ofrecord, and especially in light of enclosure 
(12), the Board concluded that due process was not afforded to the Petitioner and he was 
discharged in error due to no fault of his own and his request warrants partial favorable action. 

That Petitioner's naval record be corrected, where appropriate, to show that: 

RECOMMENDATION: 

The Petitioner's discharge on 31 July 2014 is rescinded. 

The Petitioner is reinstated in the United States Marine Corps Reserve -Active Reserve (AR) 
Program effective 31 July 2014. Note: Petitioner must meet medical retention standards. 

The Petitioner's date of rank to Corporal/E-4 is corrected to "1November2013" vice "15 
January 2014." 

The Petitioner submitted for a high year tenure (HYT) waiver; each year as required, and it was 
approved by competent authority. 

Defense Finance & Accounting Service (DFAS) will complete an audit ofPetitioner's records to 
determine if Petitioner is due any back pay and allowances. 

In so far as Petitioner's request for corrective action that exceeds the foregoing, the Board could 
not find any error or injustice in not awarding a promotion to the rank of Sergeant. The 
requirements to have completed the Military Occupational Specialty (MOS) school as well as the 
Professional Military Education (PME), detailed in references (b) and ( c ), in order to be 
promoted to the rank of Sergeant have not been met. 

A copy of this report ofproceedings should 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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation of authority set out in Section 6( e) ofthe revised Procedures ofthe 
Board for Correction ofNaval Records (32 Code ofFederal Regulation, Section 723.6(e)) and 
having assured compliance with its provisions, it is hereby announced that the foregoing 
corrective action, taken under the authority ofreference (a), has been approved by the Board on 
behalf ofthe Secretary ofthe Navy. 


Executive Director