D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

BJG 
Docket No:  3044-99 
22 July  1999 

From:  Chairman, Board  for Correction of  Naval  Records 
To: 

Secretary of  the Navy 

Subj:  ~

M

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C

-

 

U

S

REVIEW OF NAVAL RECORD 

Ref: 

(a)  Title 10 U.S.C.  1552 

Encl: 

(1)  DD Form  149 dtd  3 May 99 wlattachment 
(2)  HQMC MMOA-4  memo dtd  12 Jul 99 
(3)  HQMC MMPR  memo dtd  15 Jul 99 
(4)  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 the applicable naval record  be 
corrected to  show the lineal position,  date of  rank, and  effective date in  the grade of 
lieutenant colonel he would  have been  assigned had  he been  selected for promotion to that 
grade by  the Fiscal Year  (FY)  1999 Lieutenant Colonel Selection Board, vice the FY 2000 
Lieutenant Colonel Selection Board. 

2.  The Board, consisting of  Messrs.  Caron, Schultz, and  Whitener, reviewed  Petitioner's 
allegations of  error and injustice on 22 July  1999, 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, naval records, and 
appliiable statutes, regularions 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.  Petitioner had  a prior case (docket number 6310-98) before this Board.  A copy of 

his decisional document is at Tab A  to enclosure (1).  After he failed by  the FY  1999 
Lieutenant Colonel Selection Board, the Headquarters Marine Corps (HQMC) Performance 
Evaluation Review Board directed that a fitness report be removed, and  that a second report 
be modified.  His failure was later stricken by  this Board.  He appeared before the FY 2000 
Lieutenant Colonel Selection Board with a correcied record and was selected  fur pro motion. 
He was promoted to lieutenant colonel with a date of  rank and  effective date of  1 May  1999. 

c. 

In  correspondence attached as enclosure (2), the HQMC Officer Career Counseling 

and  Evaluation Section, Officer Assignment Branch,  Personnel Management Division 
(MMOA-4) has commented to the effect that Petitioner's request has merit and  warrants 
favorable action. 

d. 

In  correspondence attached as enclosure (3), the HQMC Promotion Branch  has 

advised that had  Petitioner been  selected by  the F Y  1999 Lieutenant Colonel Selection Board, 
he would have been  assigned a date of  rank and  effective date of  1 September  1998. 

CONCLUSION: 

Upon  review and  consideration of  all the evidence of  record, and  especially in  light of  the 
contents of  enclosures (2) and  (3), the Board  finds the existence of  an  injustice warranting the 
following corrective action. 

RECOMMENDATION: 

a.  That Petitioner's naval record be corrected, where appropriate, to  show his date of 
rank and  effective date in  the grade of  lieutenant colonel as  1 September  1998; and  that his 
lineal precedence be adjusted accordingly. 

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 
R~cords (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 
Recorder 

Acting Recorder 

/Z-J/-L& 

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 

H E A D Q U A R T E R S   U N I T E D  STATES  M A R I N E  CORPS 

3 2 8 0 R U S S E L L  ROAD 

QUANTICO,  V I R G I N I A   22 1 3 4 - 5  1 0 3  

IN R E P L Y  R E F E R  TO: 

1600 
MMOA- 4 
12 Jul 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  BCNR PETITION FOR LIEUTENANT COLONE 

SMC 

Ref: 

(a) MMER Request for Adviso 

Lieutenant Colonel 
of 2 Jul 99 

inion in the case of 

(b) MMOA4 Memorandum  for the Executive Director, BCNR of 

24 Aug 98 

1.  Recommend approval of Lieutenant colonel- 
for backdating his date of rank. 

request 

2.  Per reference  (a), we reviewed Lieutenant colonel- 
record and petition.  Lieutenant Colonel -failed 
on the FY99 USMC Lieutenant Colonel Selection Board.  He 
successfully petitioned the Performance Evaluation Review Board 
for removal of the Annual fitness report of 950607 to 950930 and 
to modify the Annual  fitness report of 950930 to 960731.  The 
Board for Correction of Naval Records approved removal of his 
failure of selection.  He was subsequently selected for promotion 
from in zone on the FYOO board. 

selection 

3.  Our comment in reference  (b) recommending approval of 
Lieutenant Colone-s 
selection remains germane.  Therefore, we recommend approval of 
his request for backdating his date of rank. 

request to remove his failure of 

4.  Point of contact is Lieutenant Colonel-at 

(703) 

Lieutenant Colonel, U.  S. Marine Corps 
Head, Officer Career Counseling and 
Evaluation Section 
Officer Assignments Branch 
Personnel Management Division 

DEPARTMENT OF THE NAVY 

HEADQUARTERS UNITED STATES MARINE CORPS 
MANPOWER AND RESERVE AFFAIRS DEPARTMENT 

HARRY LEE HALL.  17 LEJEUNE ROAD 

QUANTICO, VIRGINIA  22134-5104 

IN REPLY RE  ER TO 
1412il 
MMPR 
15 Jul 99 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

CASE OF LIEUTENANT COL 

MC 

1.  If Lieutenant Colonel 
backdating is approved, his date of rank and effective date will 
be 1 September 1998.  This is the date of rank he would have 
received upon selection from the FY99 USMC Lieutenant Colonel 
Selection Board. 

request for 

Point of contact is Jane Ritchie  (703) 

F By direction U