DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 764-00
2 June 2000

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

Secretary of the Navy

Subj 
:

Ref:

Encl:

LTCOL
REVIEW OF NAVAL RECORD

USMC,

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

(1) DD Form 149 dtd 26 Jan 
(2) HQMC MMOA4 memo dtd 29 Feb 
(3) HQMC MMPR memo dtd 6 Mar 00
(4) Subject’s naval record

00 w/attachments

00

1. 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. He specifically requested a date of rank and effective date of 1 July 1999.

(FY) 2000 Lieutenant Colonel Selection Board. He further

2001 Lieutenant Colonel

2. The Board, consisting of Messrs. Bishop, Kastner, and Lightle, reviewed Petitioner ’s
allegations of error and injustice on 1 June 2000, 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. After Petitioner failed before the FY 

2CKKl Lieutenant Colonel Selection Board, he

was granted a special selection board (SSB) on the basis of missing material. However,
before his SSB could convene, he appeared before the FY 2001 Lieutenant Colonel Selection
Board with a corrected record in the status of having previously failed, and he was selected
for promotion. He was promoted to lieutenant colonel with a date of rank and effective date
of 1 June 2000.

In correspondence attached as enclosure 

(2), the Headquarters Marine Corps

(HQbC) Officer Career Counseling and Evaluation Section, Officer Assignment Branch,
(MMOA-4), the office with cognizance over the subject
Personnel Management Division 
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 has

commented to the effect that had Petitioner been selected by the FY 2000 Lieutenant Colonel
Selection Board, he would have been assigned a date of rank and effective date of
1 July 1999.

CONCLUSION:

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

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected, where appropriate, by removing his

failure of selection by the FY 2000 Lieutenant Colonel Selection Board.

b. That Petitioner ’s naval record be further corrected to show his date of rank and

effective date in the grade of lieutenant colonel as 1 July 1999; and that his lineal precedence
be adjusted accordingly.

C. 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.

d. 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.

2

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

d&&d
JONATHAN S. 
Acting Recorder

RUStiN

---I

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. n

3

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

QUANTICO, VIRGINIA 22

  134-5 103

3280RUSSELL ROA

D

IN REPLY REFER   TO:

160 0
MMOA-4
29 Feb 00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj

Ref:

case of

(b) CMC 

ltr  

1401/2  MMPR of 24 Nov 99

Recommend approval
1.
date of rank and impli
selection.

This opinion gives

s request for backdating his
removal of his failure of

im the benefit of the doubt.

Per reference (a), we reviewed

2.
petition.
Lieutenan
the Secretary of the Navy for a Special Selection Board (SSB).
he was selected for promot
However,
board before the SSB could convene.
backdating of his date of rank.

ailed 
tion Board.

record and
00 USMC

He successfully petitioned

Zone on the  
equests

se1

However,

Normally,

as is evident by his selection to Lieutenant

a single factor does not cause a failure of

3.
selection.
the SSB approval in reference (b), remains germane. We
Colonel,
conclude the material error in his record as it appeared before
the FYOO Board more than likely led or contribute
of selection.
request for backdating his date of rank and impli
removal of his failure of selection.
benefit of the doubt.

we recommend approval o

This opinion gives him the

Therefore,

FYOl

e

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
22134-5104

QUANTICO, VIRGINIA

 

IN REPLY  REFER TO
1412/l
MMPR
6 Mar 00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,

NAVAL RECORDS

BOARD FOR CORRECTION OF

Subj

THE CASE 0
C

1.
his date of rank and effective date will be 1 July 1999.
is the date of rank he would have received upon selection from
the FYOO USMC Lieutenant Colonel Selection Board.

equest for backdating is approved,

This

2.

Point of contact

is