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

Docket No. 5848-19                                                          
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 P1900.16F (MARCORSEPMAN) 
        (c) MCO P1400.32D W/CH 1 (MARCORPROMMAN, Vol 2, ENLPROM) 

Encl:   (1) DD Form 149 w/attachments 

1.  Pursuant to reference (a), Petitioner, a staff noncommissioned officer of the Marine Corps, filed enclosure (1) with this Board, requesting that his record be corrected by granting a back date-of-rank (DOR) to the grade of staff sergeant (SSgt). 

2.  The Board, consisting of                                                     , reviewed Petitioner’s allegations of error and injustice on 5 May 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 12 July 2017, the Fiscal Year (FY) 2017 Staff Sergeant Promotion Selection Board convened.  Petitioner’s eligibility for consideration by the board was removed due to an erroneous draw case code entry of AY (RE-3O) in the Marine Corps Total Force System (MCTFS).  Marines assigned this code are not eligible for promotion and their names will be administratively deleted from any promotion selection list upon which they appear.

     c.  Pursuant to reference (b), an Administrative Remarks (Page 11) entry is required when a Marine is assigned a reenlistment code of RE-3O.  The Page 11 entry must state the reason for assignment of the RE-3O code, and the individual Marine must acknowledge (sign) the entry and have the opportunity to submit a statement.  Additionally, the code may only be assigned when directed by the Commandant of the Marine Corps.  There is no evidence that Petitioner was issued a Page 11 entry advising him that he was assigned reenlistment code RE-3O. 

     d.  Petitioner contends that the erroneous draw case code of RE-30 rendered him ineligible for the FY 2017 promotion selection board.  He provided documentation from his chain of command that supports this contention. 

     e.  On 11 July 2018, the FY 2018 Staff Sergeant Promotion Selection Board convened.  Petitioners was selected and promoted with a 1 October 2018 DOR.  Petitioner inquired to Headquarters, Marine Corps (MMPR-2), regarding consideration by a FY 2017 enlisted remedial selection board (ERSB). However, pursuant to reference (c), an enlisted Marine cannot receive remedial consideration for a grade currently held or to which selected. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  In this regard, the Board determined that Petitioner’s record was in error when the FY 2017 Staff Sergeant Promotion Selection Board convened, and consequently, he was not eligible for consideration for promotion.  The Board noted that once Petitioner’s record was corrected, he was eligible for promotion consideration by the FY 2018 Staff Sergeant Promotion Selection Board.  Petitioner was selected and promoted with a DOR of 1 October 2018.  The Board also noted that, pursuant to reference (c), Petitioner is not eligible for remedial consideration by a FY 2017 ERSB.   The Board concluded that Petitioner’s DOR in the grade of staff sergeant shall be adjusted to the date he would have received had he been selected by the FY 2017 Staff Sergeant Promotion Selection Board. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 

Petitioner’s record be corrected by adjusting his DOR in the grade of staff sergeant to the date he would have received had he been selected by the FY 2017 Staff Sergeant Promotion Selection Board. 

The Defense Finance and Accounting Service (DFAS) complete an audit of Petitioner’s records and make payment of any money that Petitioner may be entitled to.
 
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. 


6/3/2020