DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAW ANNEX
WASHINGTON DC
20370-5100
BIG
Docket No: 2632-00
30 August 2000
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
(4)
DD Form 149 dtd 6 Apr 00 w/attachments
HQMC MMOA-4 memo dtd 5 May 00
HQMC MMPR memo dtd 20 May 00
Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
that the applicable naval record be
filed enclosure (1) with this Board requesting, in effect,
corrected by removing his failure of selection before the Fiscal Year (FY)
Selection Board. He further requested that his 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 FY 2000 Captain Selection Board,
vice the FY 2001 Captain Selection Board. His current date of rank and effective date as a
captain is 1 August 2000.
2ooO Captain
2. 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. 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.
In correspondence attached as enclosure
(2), the Headquarters Marine Corps
b.
(HQMC) Officer Career Counseling and Evaluation Section, Officer Assignment Branch,
Personnel Management Division (MMOA-4), the office having cognizance over the subject
matter of Petitioner’s request to strike his failure of selection for promotion, has commented
to the effect that this request has merit and warrants favorable action.
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 effective date of 1 June 2000.
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 record be corrected by removing his failure by the FY 2000
Captain Selection Board.
b. That Petitioner ’s record be further corrected, where appropriate, to show his date of
rank and effective date in the grade of captain as 1 June 2000, the date he would have been
assigned had he been selected by the FY 2000 Captain Selection Board; 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.
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
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JONATHAN S.
Acting Recorder
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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 W. DEAN PFEIFFER
Executive Director
3
DEPARTMENT OF THE
HEADQUARTERS UNITED STATES MARINE CORPS
D
134-S 103
QUANTICO, VIRGINIA 22
3280 RUSSELL ROA
NAVY
IN REPLY REFER TO:
1600
MMOA-4
05 May 00
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
IRST LIEUTENANT
MC
MC of 01 May 00
.
Recommend approval of First Lieutenant
1.
removal of his failure of selection and b
rank.
the case of
equest for
is date of
Per the reference, we reviewed First Lieutenan
He failed selection on the
F
2 .
record and petition.
Selection Board.
his body fat (14
First Lieutenant
Selection Board.
and backdating his date of rank.
Records Branch (MMSB-31) corrected/
ansfer Report from 970823 to 980610.
selected by the
s removal of his failure of selection
FYOl Captain
n
In our opinion,
3 .
the benefit of the doubt and have h
and his date of rank backdated.
First Lieutenan
uld be afforded
selection removed
ii
4.
POC is Lieutena
S. Marine Corps
Head, Officer Career Counseling and
Evaluation Section
Officer Assignment Branch
Personnel Management Division
’ DEPART
M ENT OF THE
NAVY
MARlNE
CORPS
HEADQUARTERS UNITED STATES
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
HARRY LEE HALL, 17 LEJEUNE ROAD
QUANTICO, VIRGINIA 22134-5104
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
FIRST
LIEUTEN
C
If First Lieutenan
1.
approved, his date of
2000.
selection from the FYOO USMC Captain Selection Board.
request for backdating is
fective date will be 1 June
e would have received upon
This is the dat
2.
Point of
conta
.
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