Docket No. 4606-19
Ref:Signature Date

   
  
Dear         ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2020 and again on 30 June 2020, after a legal review was conducted and with further clarification from Defense Finance Accounting Service (DFAS).  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion contained in Headquarters, U.S. Marine Corps (HQMC) memo 5420 MMEA of 5 August 2019.   
 
On 9 June 2014, you entered active duty.  On 1 November 2017, you were promoted to Sergeant.   
On 2 July 2018, MARADMIN 370-18 (MCBul 7220 of Fiscal Year 2019 (FY19)) Selective Retention Bonus (SRB) Program and FY19 Broken Service SRB Program with the following information:   
 
Any regular component first term or career Marine with an End of Current Contract (ECC) from 1 October 2018 to 30 September 2019.  Furthermore, 72 Month Lateral Move (LM) initiative.  Zone “A” Marines electing to LM in FY19 into Primary Military Occupational Specialties (PMOS) listed in section 3m with the LM designation, will be given the opportunity to reenlist for 72 Months.  Marines who execute a LM into one of these PMOSs for 72 months will rate a $40,000 initiative in addition to the PMOS bonus listed in section 3m.  Moreover, Zone “A” PMOS bonus eligibility for 6338 is $30,000 for E-5 and above.  On 14 January 2019, your 1st Term Active Duty Lateral Move request was submitted for a 48 month reenlistment, and approved by HQMC on 18 January 2019 however, upon the Commanding Officer’s signature of 18 November 2019, HQMC had changed the 48 month reenlistment request to 72 months.  On 19 January 2019, you reenlisted for 6 years with an End of Active Service of 8 August 2019/ ECC of 8 June 2019 however, the Marine Corps Total Force System (MCTFS) reflects a term of 4 years and 5 months.  On 23 October 2019, you graduated from F-35B Avionics Systems Technician Course and received a $30,000 SRB for PMOS 6338. 
 
You requested that your original contact of 72 months with a combined bonus of $70,000 be honored.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that there was a conflict between your reenlistment contract and MCTFS pertaining to your term of enlistment.  Additionally, in accordance with MARADMIN 370-18 in order for a Marine to receive the 72 Month LM initiative, PMOSs listed in section 3m must have the LM designation, and the PMOS 6338 does not have the LM designation, therefore, you do not qualify for the $40,000 LM initiative.   
  
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.    
 
Sincerely,

8/25/2020


Deputy Director