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NAVY | BCNR | CY2001 | 02737-01
Original file (02737-01.pdf) Auto-classification: Approved
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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