From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER XXX-XX USMC 
 
Ref: (a) Title 10 U.S.C. § 1552 
(b) MCRCO 1100.1 
 
Encl:   (1) DD Form 149 w/attachments 
(2) DD Form 4 of 7 Jul 15 
(3) Transcripts dtd 6 Aug 19 
(4) DD Form 1966 of  24 Jun 16 
(5) JROTC ltr 1000 FJC of 5 Aug 19 
(6) DD Form 214 of 26 Jun 20 
(7) MCRC memo 1070 G1 of 18 Nov 20 
(8) BCNR email of 28 Dec 20 
(9) MCRC email of 1 Mar 21  
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish appointment to the grade of Private First Class/E-2 at time of enlistment.  
                                               
2.  The Board, reviewed Petitioner’s allegations of error and injustice on 19 January 2021 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 enclosures (1) through (9), 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, finds as follows: 
 
    a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
    b.  In accordance with reference (b), appointment to a grade other than Private upon enlistment, requires a high school graduate (Tier I) and evidence of successful completion of two or more years or equivalent, (i.e. 4 X 4 Block Schedule one semester = one year) of a Junior Reserve Officer Training Course (JROTC) verified by JROTC Unit.  Additionally, documentation is required to verify higher appointment and must be administratively effected no later than applicant’s Marine Corps Recruit Depot (MCRD) graduation.   
 
    c.  Petitioner enlisted in the United States Marine Corps while enrolled in his second year of JROTC on 6 July 2015   See enclosure (2). 
  
    d.  Petitioner graduated High School completing the required 2 years of JROTC on 20 May 2016.  See enclosure (3). 
 
    f.  Petitioner was accessed into active duty on 27 June 2016; JROTC documentation was not properly submitted for record update.  See enclosure (4). 
 
    g.  Letter certifying Petitioner’s participated in JROTC for 2-years was issued by the Senior Marine Instructor of on 5 September 2019.  See enclosure (5). 
 
    h.  Petitioner was discharged from active duty after successfully completing required obligation on 26 June 2020.  See enclosure (6). 
 
    i.  On 18 November 2020, Marine Corps Recruiting Command (MCRC) provided an unfavorable advisory opinion to enclosure (1).  MCRC recommended disapproval of relief based on the “appointment to the grade of E-2 upon enlistment requires 4 years of JROTC and submission of documentation at time of arrival to MCRD”.  The unfavorable advisory opinion was provided to Petitioner for rebuttal on 28 December 2020.  See enclosures (7) and (8). 
 
    j.  On 1 March 2021, MCRC corrected the advisory opinion response regarding the JROTC requirment; “2 years vice 4”.  However, maintained recommending disapproval of relief due to “post MCRD appointments will not be considered and are not authorized”.  See enclosure (9). 
 
BOARD CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board unanimously concluded Petitioner’s request warrants favorable corrective action.  In this regard, the Board determined Petitioner met the basic eligibility criteria for appointment to E-2 upon enlistment; however, his 2-year JROTC participation was not documented per reference (b).  The Board found that the Petitioner’s recruiter should have documented the JROTC completion prior to MCRD graduation.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 
 
BOARD RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s DD Form 4, Enlistment/Reenlistment Document dated 7 July 2015 is amended to reflect, Block 21 (Service Representative Certification), pay grade “E-2” vice “E-1”. 
 
Petitioner’s DD Form 1966, Record of Military Processing recertified on 27 June 2016 is amended to reflect, Block 18.g (Pay Grade) “E02” vice “E01” and Block 34.b. and 34.c. (Item Number) (Change Required) add completion of 2-years.   
 
Note:  The change to the effective date of advancement to E-2 may also have affected Petitioner's E-3 advancement due to Time in Grade (TIG). The following procedures will apply to remediate missed opportunites.  Service shall recalculate Petitioner’s TIG and make appropiate adjustment to grade made.  Petitioner must submit a DD Form 149, with at least a copy of worksheet for the missed promotions starting with E-4, if composite score would have been met sooner based on the new TIG adjustment.  The Board will then determine whether the request for retroactive promotion will be approved. 
 
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.  The foregoing action of the Board is submitted for your review and action. 
        
                                                                              
3/7/2021 
Executive Director

 
Assistant General Counsel (Manpower and Reserve Affairs) 
 
Reviewed and Approved Board Recommendation (Grant Relief) 
 
Assistant General Counsel (M&RA)