DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1291-01
2 July 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
,
NAVAL RECORD
USMC
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
(4)
(5)
DD Form 149 dtd 21 Feb 01 w/attachments
- 27 Jul 97
Copy of Subject’s fitrept for 1 Jan
Memo for record dtd 15 May 01
HQMC CMT memo dtd 8 May 01
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 by removing his failures of selection before the Fiscal Year (FY) 2000 and 2001
Reserve Lieutenant Colonel Selection Boards. After he submitted his application, he failed
It is presumed that he also
before the FY 2002 Reserve Lieutenant Colonel Selection Board.
requests removal of this failure, so as to be considered by the selection board that is next
convened to consider officers of his category for promotion to the grade of lieutenant colonel
as an officer who has not failed of selection to that grade.
2. The Board, consisting of Messrs. Ensley, Pfeiffer, and Taylor, reviewed Petitioner’s
allegations of error and injustice on 27 June 2001, 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 had failed by the FY 2000 and 2001 Reserve Lieutenant Colonel
(HQMC) Performance Evaluation Review
Selection Boards, the Headquarters Marine Corps
Board directed removal of his adverse fitness report for 1 January to 27 July 1997. A copy
of this report is at enclosure (2). The memorandum for the record at enclosure (3) shows
that this report was removed on 13 February 2001, before the FY 2002 Reserve Lieutenant
Colonel Selection Board convened on 27 March
2001.
In the advisory opinion attached as enclosure
(4), the HQMC office having
C.
cognizance over the subject matter of Petitioner ’s request to strike his failures of selection for
promotion by the FY 2000 and 2001 selection boards has commented to the effect that this
2002
request has merit and warrants favorable action. The opinion does not address his
failure.
FY
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
(4), the Board finds the existence of an injustice warranting removal of
contents of enclosure
all Petitioner ’s failures of selection for promotion. They agree with the advisory opinion in
finding that the FY 2000 and 2001 failures should be removed. They also find that the FY
2002 failure must be removed as well, to restore the status Petitioner enjoyed before the FY
2CKKl selection board as not having failed of selection.
directs the following corrective action.
In view of the above, the Board
RECOMMENDATION:
a. That Petitioner ’s record be corrected so that he will be considered by the earliest
possible selection board convened to consider officers of his category for promotion to
lieutenant colonel as an officer who has not failed of selection for promotion to that grade.
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.
I
ROBERT D. ZSALMAN
Recorder
NATHAN S.
Acting Recorder
RUSKIN
2
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.
3
. .
:
DEPARTMENT OF THE
NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
GUANTICO, VIRGINIA
22134-5103
IN REPLY REFER TO:
1600
CMT
8 May 01
MEMORANDUM
FOR THE EXECUTIVE DIRECTOR, BOARD FOR
CORRECTION OF NAVAL RECORDS
Subj
: RESERVE AFFAIRS
ADV
Ref:
(a) CMC
ltr
161O/MMER/PEMdtd 7 Feb 01
Recommend
1.
failures of s
justification is provided.
request to remove his
The following
.
s request to remove his failures of
the fact that the FYOO and
2.
se1
promotion boards reviewed an adverse fitness report in his
reference (a) directed the removal
record.
record
of the adverse report and made
more competitive.
Subsequently,
FYOl
record does show significant trends
n his career.
Despite these
romoted to his current rank
tly improved as a field
has a DUI conviction from
grade officer
1997 in his Official Military Performance File that may
prevent his ultimate selection to Lieutenant Colonel.
However, the appropriate selection board should determine
this issue.
.
4.
Point of contact
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