DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 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 1001R.L (MCRAMM) Encl: (1) DD Form 149 w/enclosures (2) HQMC memo 1000 RAP of 19 Jun 19 1. Pursuant to the provisions of reference (a), Petitioner, a former commissioned officer of the Marine Corps Reserve, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his involuntary resignation be voided and he be reinstated in the Marine Corps Reserve. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 27 August 2019 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 resigned his regular commission, and, on 15 September 2011, he was transferred from the Active-Duty List (ADL) to the Reserve Active-Status List (RASL). On 6 January 2017, he was transferred from the RASL, Individual Ready Reserve (IRR) to the Inactive Status List (ISL). On 1 June 2018, Petitioner was permanently separated. c. On 10 January 2017, the Fiscal Year 2018 (FY18) USMCR Unrestricted Major Promotion Selection Board convened. Petitioner was included in the eligible population and failed selection. d. Petitioner contends that, for the past three years, he has been working with a prior service recruiter (PSR) to identify and join a Selected Marine Corps Reserve (SMCR) unit. He adds that, although he interviewed and was accepted to join a SMCR unit, prior to his paperwork going through for transfer from the ISL to the SMCR, the Marine Corps had involuntarily resigned his Reserve commission. Petitioner argues that, after diligently working with a PSR to find a unit with a suitable billet, a SMCR unit has slotted him for service, and he respectfully implores the Board for any help in reversing his involuntary separation, so that he may serve with the SMCR unit. e. According to enclosure (2), an advisory opinion (AO) furnished by Headquarters, Marine Corps (RAP), Petitioner, during each transfer process, received detailed instructions from the Marine Corps Individual Reserve Support Activity (MCRISA) via certified mail and e-mail correspondence, explaining his Reserve status and his available options to adjust such status. The AO determined that, although Petitioner was coordinating with a PSR to find an available unit to join, he failed to take the necessary steps to maintain his Reserve commission in the Marine Corps. Additionally, while Petitioner was serving in the IRR, he failed to attain 27 retirement credit points from 2014 to 2016 and was thus transferred to the ISL. Pursuant to reference (b), Petitioner was informed by MCIRSA that he would remain on the ISL for one year until 7 January 2018, at which time he would receive another certified letter informing him of his impending involuntary transfer, unless he took appropriate action. From 6 January 2017 to 7 January 2018, Petitioner coordinated with a PSR to identify an available unit for him to join, but none existed. Although Petitioner could not find an available requirement, the MCIRSA correspondence advised him that, rather than being involuntarily discharged, he could request to be transferred to an active status or to remain on the ISL. Petitioner was also advised that the Commandant of the Marine Corps (DC, M&RA) could honorably discharge or retire, without their consent, Reserve officers who had been on the ISL for at least one year. The AO determined that there is no evidence Petitioner requested to be transferred to an active status or to remain on the ISL. The AO further opined that Petitioner had numerous opportunities to maintain his status as a Reserve officer in the Marine Corps over the past three years but failed to execute the bare minimum requirements as instructed through higher headquarters’ communication and Marine Corps policy. The AO concluded that Petitioner’s own inability to execute minimal participation and coordination is what led to him having his Reserve commission involuntarily resigned. Thus, the AO recommended denial of Petitioner’s request that his involuntary separation be voided and his Reserve commission be reinstated. f. In response to the AO, Petitioner reiterated his desire to affiliate with a SMCR unit, and noted that a company executive officer slot is available and is being held, pending his anticipated return to the RASL CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants partial relief. In this regard, the Board noted that, on 6 January 2017, prior to the convening of the FY18 USMCR Unrestricted Major Promotion Selection Board, Petitioner was transferred from the RASL to the ISL. The Board determined that Petitioner was therefore not eligible for promotion consideration, and concluded that his failure of selection incurred by the FY18 promotion selection board is in error, and it shall be removed from his record. With regard to Petitioner’s request to be reinstated on the RASL and to void his involuntary separation, the Board substantially concurred with the AO and concluded that, although Petitioner attempted to affiliate with a SMCR unit and had been working with a PSR to do so, he did not take the necessary steps required to avoid involuntary separation. The Board concluded that Petitioner has not demonstrated an error or injustice warranting the requested relief. However, the Board highly recommended that Petitioner request reappointment in the Marine Corps Reserve. In this regard, former officers with no current military affiliation are initially screened by Marine Corps Recruiting Command (prior service recruiting) for re-accession. Once processed for reappointment, nomination packages are forwarded to Headquarters, Marine Corps, Reserve Affairs division for reappointment nomination. These officers are not available for affiliation or mobilization until the Secretary of Defense has appointed the officer to the Reserve commission. Once appointed, the officer will be given an adjusted date of rank and lineal control number from Manpower Management Promotion Branch (MMPR). A NAVMC 763 (Appointment and Acceptance Record) will be prepared and forwarded to the PSR and Marine Corps Recruiting Command to enable the officer to accept a Reserve commission. The reappointment scrolling process takes approximately four to five months from the time a nomination package is received by Headquarters, Marine Corps (RA Division). RECOMMENDATION In view of the above, the Board recommends the following corrective action. Petitioner’s naval record be corrected by removing his failure of selection incurred by the FY18 USMCR Unrestricted Major Promotion Selection Board. No further relief be granted. 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.