DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N O F NAVAL R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
BJG
Docket No: 2737-01
4 June 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) DD Form 149 dtd 14 Mar 01 wlattachments
(2) BCNR rept dtd 11 May 00 in Subject's case,
docket no 2454-00
(3) HQMC MMOA-4 memo dtd 24 May 01
(4) Subject's naval record
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
I .
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 major
he would have been assigned had he been selected for promotion to that grade by the Fiscal
Year (FY) 2001 Major Selection Board, vice the FY 2002 Major Selection Board. He
specifically requested a date of rank and effective date of approximately June 2000.
2. The Board, consisting of Messrs. Adams and Harrison and Ms. Moidel, reviewed
Petitioner's allegations of error and injustice on 31 May 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. Petitioner had a prior case (2454-00) before this Board. A copy of his decisional
document is at enclosure (2). In his prior case, this Board removed his failure by the F Y
2001 Major Selection Board on the basis that his record had not properly reflected his
Professional Military Education. He was selected pursuant to selection by the FY 2002
Major Selection Board and was promoted with a date of rank and effective date of
1 March 200 1.
c.
In correspondence attached as enclosure (3), the Headquarters Marine Corps
(HQMC) office with cognizance over the subject matter of this case has commented to the
effect that Petitioner's request has merit and warrants favorable action. The advisory opinion
notes that the HQMC Promotion Branch has advised that had he been promoted pursuant to
selection by the FY 2001 Major Selection Board, he would have received 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
contents of enclosure (3), the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected, where appropriate, to show his date of
rank and effective date in the grade of major as 1 June 2000, vice 1 March 2001; and that
his lineal precedence be adjusted accordingly.
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.
ROBERT D. ZSALMAN
Recorder
a' ~ & y ' N
&,vl&=-
JONATHAN S. RUSKIN
Acting Recorder
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.
D E P A R T M E N T O F T H E N A V Y
H E A D Q U A R T E R S U N I T E D S T A T E S M A R I N E C O R P S
3 2 8 0 R U S S E L L R O A D
Q U A N T I C O , V I R Q I N I A 2 2 1 3 4 - 5 1 0 3
I N R E P L Y R E F E R TO:
1600
MMOA - 4
24 May 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Subj: BCNR PETITION FOR MAJO
USMC
Ref:
Opinion in the case
1. Recommend approval of ~a-
backdating his date of rank.
08 May 2001
request for
2. Per reference (a) , we reviewed ~ajo-
petition. Majo-ailed
Major Selection Board. He successfully petitioned the Board
for Correction of Navy Records to correct Professional
Military Education material errors in his record. Major
-as
Zone on the FY02 Major Selection board.
subsequently selected for promotion from the In-
selection on the FYOl USMC
record and
3. As evidenced by his selection to Major on the FY02
selection board, the material errors did, in fact, impact his
selection to Major on the previous board. Therefore, we
recommend approval of ~ajor-
his date of rank. As verified by Promotion Branch, Major
request for backdating
-0rrected
date of rank will be 1 June 2000 and his
lineal control number will be 06203050.
Point of
Maj or, U. S . Marine Corps
gad, Officer Counseling and
Evaluation Section
Officer Assignment Branch
Personnel Management Division
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