DEPARTMENT OF THE NAVY BOARD-FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 2 204-2490 DocketNo. 8237-17 MAY 10 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) MCO P1400.32C (MARCORPROMMAN, VOL 2, ENLPROM) Encl: (1) DD Form 149 of2 Sep 17 (2) DD Form 214 of28 Nov 03 (3) NAVMC 118(11) 6105 Page 11 entries from 11 Oct 00 to 25 Sep 02 (4) NAVMC 10_132 of24 Sep 02 - (5) DOR/Comp SCR History (6) HQMC memo 1400 MMPR-2 of 4 Jun 18 (7) HQMC memo 1650 MMMA-3A of 30 Mar 18 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this·Board, requesting that his naval record be corrected to reflect the awards he earned as a result of his Iraq service and that he was promoted to paygrade corporal (Cpl)/E-4. 2. The Board, consisting of reviewed Petitioner's allegations of error and or injustice on 21 December 2018 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, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law regulation within the Department of the Navy. b. On 29 November 1999, Petitioner entered active duty service. See enclosure (2): c. Reference (b) published on 30 October 2000, provided that Marines would not be promoted while within three months of the date convicted by a summary court-martial or date awarded non-judicial punishment (NJP); while in a probationary status as a result of NJP, where any portion of the punishment is suspended; while assigned to the weight control or military Appearance program; while awaiting a pending punitive or administrative reduction or separation; and when assigned a reentry code of RE-3C/3P for substandard performance. d. On 11 October 2000, Petitioner was counseled concerning his failure to comply with the weight control program. Petitioner's commanding officer (CO) did not sign the entry. See enclosure (3). e. On 28 November 2000, Petitioner was counseled concerning his lack of judgment, decisiveness, initiative, dependability, leadership, and knowledge. Petitioner's CO did not sign the entry. See enclosure (3). f. On 11 January 2001, Petitioner was counseled that he was eligible but not recommended for promotion to lance corporal (LCpl) because of "weight control." See enclosure (3). g. On 1 March 2001, Petitioner was promoted to the grade of LCpl/E-3. See enclosure (2). h. On 14 September 2001, Petitioner was counseled that he was eligible but not recommended for promotion to corporal (Cpl) for the month of October because of his lack of endurance. See enclqsure (3). i. On 20 November"2001, Petitioner was counseled that he was eligible but not recommended for promotion to Cpl for the month of December because of failure to meet Marine Corps height and weight standards. See enclosure (3). j. On 28 January 2002, Petitioner was counseled that he was eligible but not recommended for promotion to Cpl for the month of January because of because of his lack of endurance. See enclosure (3). k. On 8l1- unspecified date, Petitioner was counseled tH at he eligible but not recommenDed for promotion to Cpl for the month of August because of his failure to meet weight-control standards. See enclosure (3) 1. On 24 September 2002, Petitioner received NJP for violation of Article 92, Uniform Code of Military Justice for violating a lawful general order by failing to-provide support for his wife. His punishment was suspended for six months. See enclosure (4). m. On 25 September 2002, Petitioner was counseled concerning his physical condition, not a disability, and that he was pending administrative separation for his condition and his ·unsatisfactory performance. Petitioner's CO did not sign the entry. See enclosure (3). n. Petitioner met the required cutting score 1551 for promotion to Cpl for the month of November 2002 with a composite score of 1570. See enclosure (5). o. On 28 November 2003, Petitioner was released from active duty and transferred to the inactive Reserve. See enclosure (2). On 4 June 2018, Headquarters Marine Corps, Manpower Management Division, Promotion Branch (MMPR-2), provided an unfavorable advisory opinion (AO), recommending that Petitioner's requested promotion to the grade ofCpl -4 be denied, explaining that[Petitioner] received a code 4 for his height and weight and was placed on the Body Composition Program (BCP) in June 2002 for a period of 6 months. Additionally, on 23 September 2002, [Petitioner] was in violation of Article 92 of the UCMJ, and received Non-Judicial Punishment for failing to provide spousal support.... Furthermore, he received a page 11 for a reenlistment code ofR-3P on 25 September 2002, failure to meet physical/medical standards. As a result, in December 2002, he-received a code 5 granting him a 12 month promotion restriction awaiting administrative separation that ended after his·Expiration of Active Service of 28 November 2003. The AO added that "[Petitioner's denial of promotion to corporal resulted from the above. · circumstances. In accordance with [MCO P1400.32C of30 October 2000], paragraph 1204.3, Marines will not be promoted while assigned to BCP, awaiting administrative reduction or separation, or when assigned an RE-3C/3P for substandard performance." See enclosure (6). q. On 30 March 2018, Headquarters Marine Corps, Manpower Management Division, Military Awards Branch (MMMA-13), corrected Petitioner's record by issuing a DD Form 215 amending block 13 of his DD Form 214 by listing all of his medals, ribbons, and badges, including those he earned as a result of his service in Iraq (the Combat Action Ribbon, Presidential Unit Citation, Iraq Campaign medal with two bronze stars, and Global War on Terrorism Service Medal. See enclosure (7). CONCLUSION Upon review and consideration of all the evidence of this Board,the Board found the existence of probable material error and injustice warranting correctijve. The Board determined that the 6105 Page 11 entry made on 25 September 2002 was invalid because it was not signed by Petitioner's CO. Moreover, removal of the tainted Page 11 entry voids the code five, rendering Petitioner - eligible for promotion effective 1 April 2003, when his probationary period for his suspended NJP ended). According to MMPR-3, Petitioner's cutting score for I March 2003 was 1570 and decreased to 1381 effective 1 April 2003. It is unclear from the record what caused the decline, but, in the Board's opinion, the decline was attributable to the effect of the improper Page 11 entry. The Board-was thus left with the conviction that the decreased score is attributable to the improper Page 11 entry, and that the March 2003 cutting score should be constructively applied to the quarter of April 2003. The Board felt that, under these circumstances, a measure of relief is warranted. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, as follows: The administrative remarks NAVMC 118(11) dated 25 September 2002 be removed. Note: This action will remove the code 5 that resulted in a 12-month promotion restriction. Petitioner was advanced to the paygrade of Cpl/E-4 on 1 June 2003 with a composite score of 1570. Note: The Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner's records to determine if Petitioner is due any backpay and allowances. 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 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. The foregoing action of the Board is submitted for your review and action. Executive Director