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 NAVY ANNEX 

WASHINGTON DC  20370-5100 

BJG 
Docket No:  3152-99 
10 August  1999 

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

Secretary of  the Navy 

Subj:  LTC-, 

REVIEW OF NAVAL RECORD 

USMC- 

_  _- -..el  _. 
.

-

 

Ref: 

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

Encl: 

(1)  DD Form  149 dtd  6 May 99 w/attachments 
(2)  HQMC MMOA-4  memo dtd 7 Jul 99 
(3)  HQMC MMPR  memo dtd  14 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)  1997 Lieutenant Colonel Selection Board, vice the FY 2000 
Lieutenant Colonel Selection Board.  He specifically requested a date of  rank and effective 
date of  1 October  1996. 

2.  The Board, consisting of  Ms.  Davies and Messrs.  McCulloch and Molzahn, reviewed 
Petitioner's allegations of error and  injustice on 5 August  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 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.  Petitioner had  a prior  case (docket number  1977-98) before this Board.  A  copy of 
his decisional document is found at Tab A to enclosure (1).  After  he had  failed before the 
FY  1997 and  1998 Lieutenant Colonel Selection Boards,  the Headquarters Marine Corps 
(HQMC) Performance Evaluation Review Board (PERB) directed removal of  his reviewing 
officer's  comments from one fitness report.  He then  failed before the FY  1999 Lieutenant 
Colonel Selection Board.  His failures of  selection were later  stricken by  this Bomi.  He 

appeared before the F Y  2000 Lieutenant Colonel Selection Board  with  a corrected record and 
was  selected for promotion.  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 Assignment Branch, 

Personnel Management Division  (MMOA-4), the office with  cognizance over the subject 
matter of  this case, 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  (MMPR) 

has advised that had  Petitioner been  selected by  the FY  1997 Lieutenant Colonel Selection 
Board,  he  would  have been  assigned a date of  rank and  effective date of  1 October  1996. 

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 October  1996; 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 
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 
Recorder 

Jk-md  1. L%%&L;, 
JONATHAN S. RUSKIN 
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. 

Executive Director 

DEPARTMENT OF THE NAVY 

HEADQUARTERS U N I T E D  STATES  MARINE CORPS 

3 2 8 0 R U S S E L L R O A D  

QUANTICO, VIRGINIA 22 1 3 4 - 5  1 0 3  

IN REPLY R E F E R  TO: 

1600 
MMOA- 4 
7 Jul 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  BCNR PETITION FOR LIEUTENANT COLONEL 

Ref: 

(a) MMER Request for A 
Lieutenant Colonel 
of 1 Jul 99 

USMC 

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

2 Apr  98 

1.  Recommend approval of Lieutenant Colon 
backdating his date of rank. 

request for 

2.  Per reference  (a), we reviewed Lieutenant Colone 
record and his petition.  He failed selection on the FY97,^FY98 
and FY99 USMC Lieutenant Colonel Selection Boards.  Lieutenant 

uccessfully petitioned the Performance Evaluation 
remove the Reviewing Officer's  comments for the 

period  921003 to 930430.  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 
Colonel Selection Board. 

3.  Normally, a single factor does not cause a failure of 
selection.  However, as is evident by his promotion to Lieutenant 
Colonel, our comment in reference  (b), that "removal of the 
significant jeopardy represented by the reviewing officer comments 
in the 921003-930430 fitness report, Major- 
compares very favorably with his contemporaries," remains germane. 

- '   career 

Officer Assignment  ranch- 
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  22 134-5 104 

IN REPLY REFER TO: 
1412/1 
MMPR 
14 Ju199 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, 
NAVAL RECORDS 

BOARD FOR CORRECTION OF 

Subj: ADVISORY OPINION IN THE CASE OF MAJO 

M

C

~

S

 

1.  I f  ~a- 
his date of rank and effective date will be 01 October 1996. 
This is the date of rank he would have received upon selection 
from the FY97 USMC Lieutenant Colonel Selection Board. 

request for backdating  is approved, 

2.  Point of contact is -703)