Docket No. 5141-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF USMC Ref: (a) Title 10 U.S.C. § 1552 (b) MCO P1900.16F of 30 May 2001 (c) MCO 1130.80A of 1 Oct 02 (d) MCO P1400.32C of 30 Oct 00 Encl: (1) DD Form 149 w/enclosures (2) HQMC memo 1400/3 MMRP-2 of 9 Apr 20 1. Pursuant to reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by adjusting his sergeant date of rank (DOR), adjusting his Armed Forces Active Duty Base Date (AFADBD) from 4 December 2004 to 22 July 2004, adjusting his DOR for promotion to staff sergeant to a date which would be appropriate for consideration under the Fiscal Year (FY) 2013 Staff Noncommissioned Officer Selection board, to be considered for an Enlisted Remedial Selection Board for the FY 2018 Gunnery Sergeant Selection Board, and to receive all entitled back pay and allowances. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 25 August 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. In accordance with reference (d) Marine Corps Separation and Retirement Manual, Active Duty. As a result, computation of retired/retainer pay now depends on when a Marine became a member of the military service, calculated from the date of original entry into the armed forces. Furthermore, Full-time duty is also defined as serving in the active military service of the United States to include full-time training duty, annual training (AT), and active duty for training (ADT). c. In accordance with reference (c) Prior Service and Reserve Augmentation Enlistments into the Regular Marine Corps, Marines off active duty 90 to 180 days retain half time in grade (TIG) from previous enlistment. For example, if TIG at initial separation was one year, a Marine will reenlist in grade per this enclosure with six months TIG. Furthermore, the DOR for Marines off active duty over 180 days will be the date of reenlistment. d. In accordance with reference (d) Marine Corps Promotion Manual, Volume 2, Enlisted Promotions, in zone (IZ). Sergeants or SNCOs who have not previously failed selection for the grade to which competing and who satisfy the MOS/Occupational Field; DOR; and AFADBD/PEBD (if applicable) requirements established for this zone. Also referred to as promotion zone. e. On 19 August 2002, Petitioner enlisted in the U.S. Marine Corps Reserve. f. On 20 January 2004, Petitioner entered active duty, and was released from active duty on 19 January 2008. Petitioner completed 4 years of active service. g. On 18 May 2008, Petitioner entered active duty under Reserve orders, and was released from active duty on 30 September 2008. Petitioner completed 4 months and 13 days of active service. h. On 12 November 2008, Petitioner started a period of AT, and ended on 25 November 2008. Petitioner completed 14 days of active service. i. On 4 December 2008, Petitioner reenlisted and entered active duty for 4 years. j. On 15 July 2015, 2015 USMC Staff Sergeant Selection Board was convened, and adjourned on 16 September 2015. Petitioner was selected to Staff Sergeant with a Sergeant DOR of 4 December 2008, and an AFADBD of 4 December 2004. k. On 7 July 2020, 2020 USMC Gunnery Sergeant Selection Board was convened, and adjourned on 27 August 2020. Petitioner was selected to Gunnery Sergeant with a Staff Sergeant DOR of 1 October 2015, and an AFADBD of 4 December 2004. l. On 1 October 2020, Petitioner was promoted to Gunnery Sergeant. m. Petitioner contends that he was not credited for time that he served on active duty when he completed Active Duty for Special Work (ADSW) orders; and consequently he was assigned an incorrect AFADBD and an inaccurate DOR in the grade of sergeant. Petitioner asserts that, as a result of these administrative errors, he was unjustly ineligible for consideration for promotion by the Fiscal Year (FY) 2013 Staff Sergeant Selection Board and the FY 2018 Gunnery Sergeant Selection board. n. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants partial favorable action. “Per reference (d), SSgt Bednarik reenlisted into the Active Component of the Marine Corps on 4 December 2008. The RELM noted that his date of rank would be adjusted to the effective date of enlistment in accordance with reference (e). Specifically, reference (el, paragraph 2303.lb states "PSEP Marines who are off active duty for over 180 days will receive a date of rank equal to their date of reenlistment".” Furthermore, “Per reference (f), Staff Sergeant completed Active Duty for Special Work (ADSW) orders from 18 May 2008 to 8 September 2008. These orders are the eligible periods creditable to the total time of active service of the member. Reference (g), paragraph 1401.a states that the AFADBD is credited for each day of active duty served, to include the 31st day of those months. Associated events include DD214 issuance, retirement, etc. which are calculated on a day to day basis.” CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following partial corrective action. The Board found that Petitioner’s AFADBD of 4 December 2004 was incorrect; Petitioner should be credited for his active service while on ADSW orders and annual training; therefore, his AFADBD shall be corrected to 7 July 2004. The Board, however, determined that his DOR is correct. In this regard, the Board noted that Petitioner had more than 180 days of inactive service time between his discharge of 19 January 2008 and reenlistment of 4 December 2008 and that in accordance with reference (d) his DOR for sergeant is correct at 4 December 2008, his date of reenlistment. The Board thus concluded that an adjustment to his staff sergeant DOR and an enlisted remedial selection board to gunnery sergeant are also not warranted. RECOMMENDATION In view of the above, the Board recommends the following corrective action. Petitioner executed a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) on 4 December 2008. Bock 7a (Total Active Military Service) listed “4 years, 4 months, and 27 days”, vice “blank”. Note: Petitioner’s AFADBD should reflect 7 July 2004. 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.