DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 3977-01
24 August 2001

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

Secretary of the Navy

Subj: MAJ

USM
REVIEW OF NAVAL RECORD

Ref:

Encl:

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

(1) DD Form 149 dtd 1 May 01 w/attachments
(2) Memo for record dtd 20 Aug 01
(3) HQMC MMOA-4 memo dtd 10 Jul 01
(4) HQMC MMPR memo dtd 16 Jul 0 1
(5) 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 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 
originally specifically requested that his major date of rank and effective date be changed to
1 June 2000, but the memorandum for the record at enclosure (2) reflects that he later
amended this request to 1 July 2000.

(FY) 2001 Major Selection Board, vice the FY 2002 Major Selection Board. He

2. The Board, consisting of Messrs. Goldsmith, Neuschafer, and 
Petitioner’s allegations of error and injustice on 22 August 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.

Zsalman, reviewed

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 (2495-00) before this Board. A copy of his decisional

document is at Tab A to enclosure (1). After he had failed before the FY 2001 Major
Selection Board, the Headquarters Marine Corps 
Board directed that the reviewing officer comments be removed from one of his fitness

(HQMC) Performance Evaluation Review

reports. His failure was later stricken by this Board. He appeared before the FY 2002
Major Selection Board and was selected for promotion. He was promoted to major with a
date of rank and effective date of 1 March 2001.

c.

In correspondence attached as enclosure 

(3), the HQMC Officer Career Counseling

and Evaluation Section, Officer Assignment Branch, Personnel Management Division
(MMOA4), the 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.

d.

In correspondence attached as enclosure 

(4), the HQMC Promotion Branch (MMPR)

has advised that had Petitioner been promoted pursuant to selection by the FY 2001 Major
Selection Board, he would have been assigned a date of rank and effective date of
1 July 2000.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosures (3) and 
(4), 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 July 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

&%&z%&& 
JONATHAN S. 
Acting Recorder

/ & z &&

‘ / 
RUSKIN

L

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.

Executive Direct

3

MEMORANDUM FOR THE RECORD

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100
TELEPHONE: DSN 224-9842 0
FAX: DSN 224-9857 OR CO
*******************************f********~*********~******************~~******~
DATE: 20AUG0 1

(BCNR)

DOCKET N

PETITIONER (PET):

PARTY CALLED: PET

TELEPHONE NUMBER: N/A

SMC 

-

WHAT I SAID: I ASKED PET IF HE AGREED WITH THE DOR AND EFF DATE OF
1JULOO VICE THE 

lJUNO0 HE REQUESTED.

WHAT PARTY SAID: PET INFORMED ME THAT HE AGREED WITH THE 
DATE.

1JULOO

BRIAN J. GEORGE

’ 

_

I

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 

QUANTICO,

RUSSELL ROAD
  22 

 VIRGINIA

134-5  103

IN REPLY   REFER TO:
1600
MMOA-4
10  Jul 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj

Ref:

MAJO
USMC

Recommend approval of

1.
his date of rank.

Opinion in the case

06 Jul 2001

request for backdating

2.
Per re
petition.
Selection
Correction of Navy Records to have the Change of Reporting
of 980505-980731 removed from his
Senior fi
as subsequently selected for promotion
record.
he FY02 Major Selection board.
from the

e reviewed
ailed sele
ccessfully petitioned the Board for

ord and
USMC Major

As evidenced by his selection to Major on the 

FY02

the adverse material did, in fact, impact his

3.
selection board,
selection to Major on the
recommend approval of
date of rank.

previous

board.
request for backdating his

Therefore, we

4.

Point of Contact i

Marine Corps

Officer Counseling and
Evaluation Section
Officer Assignment Branch
Personnel Management Division

.

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT

HARRY LEE HALL, 17 

LJZJEUNE  ROAD

QUANTICO, VIRGINIA 221344104

IN REPLY REFER TO:

1412/2
MMPR
JUL  16 2001

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

Subj:

NAVAL RECORDS

IN THE CASE
'USMC

OF

Ref:

(a) MMER Route Sheet of  

6 Jul 01

1.

Reference (a)

requested an advisory opinion in the case of
is requesting a back date of rank and

effective date of promotion to major.

2.

The following facts are germane:

failed of selection on the  
Board,

which convened on 991026.

as eligible,

as an in zone officer, and

FYOl  USMC Major Promotion Selection

The Board for Correction of Naval Records

b.
FYOl  failure of selection on 000413.

the 

 

(BCNR)  removed

a.

C .

an in zone officer,
Board,
010301.

which convened on 001030.

was subsequently considered and selected, as
on the FY02 USMC Major Promotion Selection
He was promoted to major on

3 .
be 000701.
been selected by the  

FYOl  board.

request is approved,

his date of rank would

This is the date of rank he would have had, if he had

4 .

The 

ooint  of contact in this matter is Chief Warrant Officer

A

Head,

Marine Corps

Promotion Branch