D E P A R T M E N T O F T H E N A V
BOARD FOR CORRECTION OF NAVAL RECORD
2 NAVY ANNEX
WASHINGTON DC 20370-51 00
I BJG
Docket No: 3535-99
10 August 1999
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj :
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 24 May 99 w/attachment
(2) HQMC MMOA-4 memo dtd 12 Jul 99
(3) HQMC MMPR memo dtd 16 Jul 99
(4) Subject's naval record
I
1
1. Pursuant to the provisions of reference (a), Subject, hernnafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that ihe applicable naval reiord be
corrected to show the lineal position, date of rank, and effeckve date in the grade of captain
he would have been assigned had he been selected for promotion to that grade by the Fiscal
Year (FY) 1999 Captain Selection Board, vice the FY 2000 aptain Selection Board.
2. The Board, consisting of Ms. Davies and Messrs. ~ c ~ u l l o c h
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, regulation
and Molzahn, reviewed
3. The Board, having reviewed all the facts of record per
of error and injustice, finds as follows:
to Petitioner's allegations
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 486-99) before this Board. A copy of his
decisional document is found at Tab A to enclosure (1). A 'ter he had failed before the F Y
1999 Captain Selection Board, the Headquarters Marine Co s (HQMC) Performance
Evaluation Review Board (PERB) directed that one fitness k port be removed from his
record. His failure of selection was later stricken by this Board. He appeared before the FY
2000 Captain Selection Board with a corrected record and was selected for promotion. He
was promoted to captain with a date of rank and effective date of 1 August 1999.
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.
CONCLUSION:
RECOMMENDATION:
t
I
b
I
c.
In correspondence attached as enclosure (2), the HQ:MC Officer Career Counseling
and Evaluation Section, Officer Assignment Branch, Personnel Management Division
(MMOA-4), which has 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 1999 Captain Selection Board, he
would have been assigned a date of rank and effective date o 1 July 1998.
a. That Petitioner's naval record be corrected, where a propriate, to show his date of
rank and effective date in the grade of captain as 1 July 1998; and that his lineal precedence
be adjusted accordingly.
b. That any material or entries inconsistent with or rel$ting to the Board's
recommendation be corrected, removed or completely expunsed 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
confidential file maintained for such purpose, with
Petitioner's naval record.
for retention in a
being made a part of
4. Pursuant to Section 6(c) of the revised Procedures of thk Board for Correction of Naval
R~cords (32 Code of Federal Reylatinns. Section 723.6(c)) it is certified that a quorum was
present at the Board's review and deliberations, and that the loregoing is a true and complete
record of the Board's proceedings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
JONATHAN S. RUSKIN
Acting Recorder
8 ,-
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 T H E NAVY
HEADQUARTERS U N I T E D STATES MARINE
RPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22 134-5 103
IN REPLY REFER TO:
1600
MMOA- 4
12 Jul 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
FOR FIRST LIEUTENAN
C
Ref:
(a) MMER Request for
First Lieutenant
of 1 Jul 99
(b) MMOA4 Memorandum for the Executive Director, BCNR of
20 Jan 99
1. Recommend approval of First Lieutenan
backdating his date of rank.
equest for
2. Per reference (a), we reviewed First
and petition. First
USMC Captain
Performance
Reporting
for
zone on the FYOO board.
utena-ecord
selection on Che FY99
petitioned the
of the Change of
The Board
his failure of
from in
3. Our comment in reference (b) recommend:!ng approval of First
Lieutenan
remains germane. Therefore, we recommend t:pproval of his request
for backdating his date of rank.
request to remove his f ~ i l u r e of selection
4. Point of contact is
Head, Officer
Evaluation Sec
Officer Assign
Personnel Mana
Counseling and
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMEN?
HARRY LEE HALL, 17 LEJEUNE ROAD
QUANTICO. VIRGINIA 22134-5 104
'YTYfTF
MMPR
16 Jul 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOTbRD FOR CORRECTION OF
NAVAL RECORDS
Subj :
E OF FIRS? LIEUTEN
MC
I
1. If First Lieutenan
is approved, his date of rank and effective date will be 1 July
1998. This is the date of rank he would have received upon
selection from the FY99 USMC Captain Selection Board.
hequest for backdating
2. Point of contact
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