From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. § 1552 (b) 10 U.S.C. § 14301 (c) 10 U.S.C. § 14505 Encl: (1) DD form 149 w/attachments 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 naval record be corrected by removing his failures of selection to major. Petitioner implicitly requests 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 11 February 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 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 6 January 2017, Petitioner was transferred from the Reserve Active-Status List (RASL) Individual Ready Reserve (IRR) to the Inactive Status List (ISL). c. On 10 January 2017, the Fiscal Year (FY) 2018 USMCR Unrestricted Major Promotion Selection Board convened. Petitioner was included in the eligible population but failed selection. d. On 3 April 2017, the Director, Marine Corps Individual Reserve Support Activity (MCIRSA), transferred Petitioner from the ISL to the RASL in the IRR. Petitioner was notified that, if he failed to be joined to the Selected Marine Corps Reserve (SMCR) or Individual Mobilization Augmentee (IMA) Program within 60 days, he would immediately be transferred back to the ISL. However, Petitioner was not transferred back to the ISL, and he earned 29 inactive-duty points during his anniversary year ending 3 April 2018 in the IRR. On 24 October 2018, he was joined in the IMA Program. e. In January 2018, the FY 2019 USMCR Unrestricted Major Promotion Selection Board convened. Under reference (b), Petitioner was not eligible for consideration by the board. f. On 8 January 2019, the FY 2020 USMCR Unrestricted Major Promotion Selection Board convened. Petitioner was included in the eligible population, incurred his second failure of selection, and was involuntarily separated on 1 November 2019 pursuant to reference (c). g. Petitioner contends that he was erroneously considered for promotion on two occasions, the FY 2018 and FY 2020 promotion selection boards, and incurred two failures of selection. He further contends that, as a result of these administrative errors, he was involuntarily separated from the Marine Corps Reserve. Petitioner claims that he was not eligible for consideration by the FY 2018 promotion selection board because he was on the ISL when the board convened, and he claims that he was not eligible for consideration by the FY 2020 promotion selection board because the Director, , should have transferred him to the ISL when he was not joined within 60 days in the SMCR or the IMA Program. 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 FY 2018 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 FY 2018 promotion selection board is in error and shall be removed from his record. The Board was not willing, however, to remove Petitioner’s failure of selection incurred by the FY 2020 promotion selection board. The Board noted that Petitioner did not join the SMCR or the IMA Program within 60 days after his return to the RASL on 3 April 2017, and that, during his anniversary year ending 3 April 2018, he earned 29 inactive-duty points. Additionally, on 24 October 2018, Petitioner joined the IMA Program. In view of this, the Board determined that Petitioner was aware that he had been in the IRR on the RASL since his transfer from the ISL on 3 April 2017. The Board thus concluded that Petitioner was eligible for, and properly considered by, the FY 2020 promotion selection board, and he has not demonstrated an error or injustice warranting removal of his failure of selection by the FY 2020 promotion selection board. With regard to Petitioner’s implicit request to be reinstated on the RASL and to void his involuntary separation, the Board determined that Petitioner’s FY 2018 failure of selection was in error, and that removal of this failure of selection, in effect, also removes his mandatory separation. The Board thus concluded that Petitioner shall be reinstated in the Marine Corps Reserve, and that he shall be awarded non-paid inactive-duty points in order to complete a satisfactory anniversary year for the anniversary year ending on 3 April 2020. 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 FY 2018 USMCR Unrestricted Major Promotion Selection Board. Petitioner be reinstated in the Marine Corps Reserve, as though he had served continuously and was not involuntarily separated on 1 November 2019. Petitioner’s naval record be corrected by awarding six non-paid inactive-duty points to his anniversary year ending 3 April 2020, so that his record reflects a satisfactory year. Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and no such entries or material be added to the record in the future. This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material. 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.