Search Decisions

Decision Text

NAVY | BCNR | CY1999 | 03535-99
Original file (03535-99.pdf) Auto-classification: Approved
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 



Similar Decisions

  • NAVY | BCNR | CY1999 | 03044-99

    Original file (03044-99.pdf) Auto-classification: Approved

    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. ...

  • NAVY | BCNR | CY1999 | 03152-99

    Original file (03152-99.pdf) Auto-classification: Approved

    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...

  • NAVY | BCNR | CY2001 | 03922-00

    Original file (03922-00.pdf) Auto-classification: Approved

    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 captain he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2000 Captain Selection Board, vice the FY 2001 Captain Selection Board. d. In correspondence attached as...

  • NAVY | BCNR | CY2001 | 02632-00

    Original file (02632-00.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. Ensley, Schultz, and Swarens, reviewed Petitioner ’s allegations of error and injustice on 24 August 2000, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. C. In correspondence attached as enclosure (3), the HQMC Promotion Branch (MMPR) has advised that had Petitioner been selected by the FY 2000 Captain Selection Board, he would have been assigned a date of rank and...

  • NAVY | BCNR | CY2002 | 06620-00

    Original file (06620-00.pdf) Auto-classification: Approved

    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 by removing his failure of selection before the Fiscal Year (FY) 1999 Captain Selection Board; returning him to the Regular Marine Corps effective 1 November 1999; and changing the date of rank and effective date of his promotion to captain to reflect selection by the FY 1999 Captain Selection...

  • NAVY | BCNR | CY2001 | 00878-01

    Original file (00878-01.pdf) Auto-classification: Approved

    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 chief warrant officer-3 (CWO-3) he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 1999 CWO-3 Selection Board, vice the FY 2001 CWO-3 Selection Board. &rt in Section...

  • NAVY | BCNR | CY2001 | 00764-00

    Original file (00764-00.pdf) Auto-classification: Approved

    Pursuant to 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 by the Fiscal Year requested that his 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 by the FY 2000 Lieutenant Colonel Selection Board, vice the FY Selection Board. d. In...

  • NAVY | BCNR | CY1999 | 01105-99

    Original file (01105-99.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. the PERB concluded that the report is a. Notwithstand' the statements of both the petitioner and there is no showing that the petitioner tunity to append an official rebuttal to When the petitioner acknowledged the adverse First Lieutenan was not afforde the fitness report. ...

  • NAVY | BCNR | CY1999 | 00839-99

    Original file (00839-99.pdf) Auto-classification: Denied

    He unsuccessfully petitioned the Performance Evaluation Review Branch (PERB) to remove a Grade Change fitness report for the period 960801'to 970317. requests removal of his failure of selection on the FY99 USMC record and 3. ~ieutena-averall Value and Distribution contains two officers ranked above him and none below.

  • NAVY | BCNR | CY2001 | 04119-00

    Original file (04119-00.pdf) Auto-classification: Approved

    Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed an application at enclosure (1) with this Board requesting that his naval record be corrected to show the date of rank and effective date in the grade of captain he would have been assigned had he been selected to that grade by the Fiscal Year (FY) 1997 Reserve Captain Selection Board, vice the FY 1998 Reserve Captain Selection Board. The date of rank on his commission is 9 July 1997, the date of rank he had as...