DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

BJG
Docket No: 2987-07
11 May 2007

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

Subj:

Ref:	(a) .S.C. 1552 Title 10 USC

End:	(1) DD Form 149 dtd 22 Mar 07 w/encl
(2)	HQMC NI4OA-4 memo dtd 27 Apr 07
(3)	Subject’s naval record

1.	Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by removing his failure of selection by the Fiscal Year 2008 Lieutenant Colonel Selection Board, so as to be considered by the selection board that next convenes to consider officers of his category for promotion to the grade of lieutenant colonel as an officer who has not failed to that grade.

2.	The Board, consisting of Mr. Dietrich and Mses. Mann and Willis, reviewed Petitioner’s allegations of error and injustice on 10 May 2007, and pursuant to its regulations, determined that the corrective action indicated below should be taken of the available evidence of record. Documentary material considered by the Board consisted of the enclosures, 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 enclosure (2), the Headquarters Marine Corps Officer Counseling and Evaluation Section, Personnel Management Division has commented to the effect that Petitioner’s case has merit and warrants relief.

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 corrective action.

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected so that he will be considered by the earliest possible selection board convened to consider officers of his category for promotion to lieutenant colonel as an officer who has not failed of selection for promotion to that grade.

b.	That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.

c.	That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.

4.	Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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.

ROBERT D. ZSALMAN	JONATHAN S. RUSKIN
Recorder	Acting Recorder

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.

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
1600
MMOA- 4
27 Apr 07

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS

1.	Recommend approval for removal of his failure of selection from the FY08 USMC Lieutenant Colonel Selection Board.

2.	Per the reference, we reviewed    record and petition. He failed selection on the FY08 USMC Lieutenant Colonel Selection Board. Subsequently, he petitioned to have his failure of selection removed because of a material error record as it appeared before the board.
point duty experience was not reflected on the joint duty summary roster provided to the FY08 USMC Lieutenant Colonel Selection Board.

3.	In our opinion, the material error did present a competitive concern to the record that may have resulted in his failure of selection experience was accurately reflected elsewhere in his record, we believe that, because his name was not included on the joint duty summary roster, some doubt may have entered into the board as to the accuracy of the record. We believe any doubt should go in favor of the Marine. Therefore, we recommend approval of his request for removal of his failure of selection.

4.	Point of contact is LtCol  (703) 784—9281.

Lieutenant Colonel, USMC
Head, Officer Counseling and
Evaluation Section
Personnel Management Division