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

Docket No. 9359-18 
 
Ref: Signature Date  
From:  Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref: (a) 10 U.S.C. § 1552 
     (b) MCO P1400.32D WCH 1 (MARCORPROMMAN, Vol 2, ENLPROM) 

Encl: (1) DD Form 149 w/attachment 
      (2) BCNR Ltr ES Decision Docket No: 8460-17 

1. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board, requesting that “an FY17 Staff Noncommissioned Officer (SNCO) Promotion Selection Board be convened.” 

2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 5 December 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. On 17 May 2016, Petitioner accepted nonjudicial punishment (NJP) for unauthorized absence. 

c. On 25 January 2017, the Fiscal Year (FY) 2017 Active Reserve (AR) SNCO Selection Board convened, and Petitioner was not selected for promotion to staff sergeant/E6. 

d. On 3 January 2018, the BCNR directed that the unit punishment book entry of 17 May 2016, which documents Petitioner’s NJP, be removed from her record.  See enclosure (2). 

e.  On 24 January 2018, the FY 2018 Active Reserve (AR) SNCO Selection Board convened, and Petitioner was selected for promotion to staff sergeant/E6. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  The Board concluded that Petitioner’s request warrants relief.  In this regard, the Board determined that, because the UPB entry, which has since been removed, was in Petitioner’s official military personnel file (OMPF) at the time the FY 2017 AR SNCO Selection Board convened, that the promotion board received an inaccurate representation of Petitioner’s record.  The Board therefore determined that a remedial selection board shall be convened, per reference (b), to determine if an adjusted date of rank is warranted as a result of the removal of derogatory material from Petitioner’s OMPF. 
RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 
Convene an enlisted remedial selection board to grant remedial promotion consideration by the by FY 2017 AR SNCO Selection Board to determine if an adjusted date of rank is warranted as a result of the removal of derogatory material 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.