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

Docket No. 11135-18 
Ref: Signature Date  

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

Subj: REVIEW OF NAVAL RECORD OF 

Ref:   (a) 10 U.S.C. § 1552 
       (b) MCO 10000.6 (ACTSMAN) 
       (c) MCO 1070.12K (IRAM)  

Encl:  (1) DD Form 149 w/enclosures  

1.  Pursuant to the provisions of reference (a), Petitioner, a commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his right to wear aviation insignia be reinstated, and that any unnecessary documents beyond the finalization of the voluntary termination of duty in a flying status request be removed from his official military personnel file (OMPF). 

2.  The Board, consisting of                                                                   , reviewed Petitioner’s allegations of error and injustice on 8 January 2020 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 enclosure, 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.  On 26 August 2016, Petitioner was designated as a Naval Aviator and was authorized to wear Aviation Insignia.

     c.  On 21 February 2017, Petitioner submitted a voluntary termination of duty in a flying status request (VolTerm). 

     d.  On 25 May 2017, the Deputy Commandant for Aviation (DCA) granted Petitioner’s request for termination of his flight status and, in the same correspondence, revoked Petitioner’s right to wear aviation insignia. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  The Board determined that the revocation at enclosure (2) is in error and unjust. The Board found that the VolTerm process is a non-punitive process with strict guidelines of how to proceed, which do not provide for the revocation of aviation insignia.  Additionally, the Board found that, in order for aviation insignia to be revoked, a Field Flight Performance Board (FFPB) and a Flight Status Selection Board (FSSB) are required before being routed to the DCA for final adjudication.  Upon review of Petitioner’s OMPF, the Board determined that neither an FFPB nor FSSB were conducted, as neither Petitioner’s performance and conduct, nor flight record warranted such action.  

Furthermore, the Board found that, because reference (b) only mandates the inclusion of supporting materials in a Marine’s OMPF when a Marine’s flight status is revoked, and not for a voluntary request to terminate flight status, the inclusion of any unnecessary supporting documents, beyond the finalization of Petitioner’s Voluntary Termination request, should be removed from his OMPF. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 

Petitioner’s naval record be corrected by reinstating his right to wear aviation insignia, and by redacting the language in the DCA’s letter of 25 May 2017 that revoked his right to wear aviation insignia.  

Any unnecessary supporting documents beyond the finalization of the Voluntary Termination request be removed from Petitioner’s OMPF. 

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. 

Sincerely, 


1/19/2020