DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION

 

OFNAVAL  RECORD

S

2 NAVY ANNE

X

WASHINGTON DC

 

20370-5100

BIG
Docket No: 7632-01
4 October 2001

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

Secretary of the Navy

Subj: M

REVIEW OF

Ref:

Encl:

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

(1) Pertinent documents from BCNR file

on Subject’s prior case, docket no: 5329-01

(2) HQMC MM memo dtd 2 
(3) Subject’s naval record

Ott 01

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed written application, at enclosure 
(l), with this Board requesting that his naval record be
corrected by removing the fitness report for 1 August 1999 to 7 April 2000, a copy of which
is at Tab A to enclosure (1). The Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board granted this request. He also requested removal of his failure of
selection before the Fiscal Year (FY) 2002 Lieutenant Colonel Selection Board, so as to be
considered by the selection board next convened to consider officers of his category for
promotion to lieutenant colonel as an officer who has not failed of selection to that grade (the
FY 2003 Lieutenant Colonel Selection Board is scheduled to convene on 16 October 2001).
He further requested consideration by a special selection board. Finally, he asked that his
lieutenant colonel date of rank and effective date be adjusted to reflect selection by the FY
2002 Lieutenant Colonel Selection Board. The Board did not consider his backdating
request, as he 
15 August 2001, they denied his requests to remove his failure of selection and afford him a
special selection board. His case before this Board was reopened in light of new evidence,
the HQMC advisory opinion at enclosure (2).

had not been selected for or promoted to lieutenant colonel. On

2. The Board, consisting of Messrs. Lightle and Morgan and Neuschafer, reviewed
Petitioner’s allegations of error and injustice on 3 October 2001, and pursuant to its
regulations, determined that the limited 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.

In Petitioner ’s prior case, the HQMC 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, provided an advisory
opinion, Tab B to enclosure 
(l), recommending that this request be denied. In concurrence
with that opinion, the Board denied removing Petitioner
selection by the FY 2002 Lieutenant Colonel Selection Board would have been definitely
unlikely, even if his record had not included the later removed fitness report. As they had
found insufficient basis to remove his failure of selection, they had no grounds to recommend
Petitioner for a special selection board. Their denial letter is at Tab C to enclosure 

‘(1).

’s failure of selection, finding that his

C.

In the opinion at enclosure 

(2), the Director, HQMC Personnel Management

Division, under whose authority MMOA-4 falls, has commented to the effect that Petitioner
request to remove his failure of selection has merit and warrants favorable action.

’s

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board now finds the
existence of an injustice warranting partial relief, specifically, removal of Petitioner
of selection for promotion.

’s failure

In finding that Petitioner
Board notes that the new advisory opinion at enclosure (2) effectively recommends this
relief. They are now unable to find that his selection would have been definitely unlikely,
had his record not included the later removed fitness report.

’s failure of selection to lieutenant colonel should be removed, the

The Board still finds that Petitioner
In this connection, they note that his next regular selection board is imminent; and they are
satisfied that his consideration by the regular selection board, with a corrected fitness report
record and status as not having failed of selection, will provide him adequate relief.

’s request for a special selection board should be denied.

In view of the above, the Board directs the following limited corrective action.

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

recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.

’s

’s record and

2

c/c 

-7,:1 

-t 

/

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 tile maintained for such purpose, with no cross reference being made a part of
Petitioner’s naval record.

d. That Petitioner’s request for a special selection board be denied.

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correctiort 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

~~~NATHAN s. 
Acting Recorder

~usIcrN

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised
of the Board for Correction of Naval Records (32 Code of Federal Regulations,
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.

Procedures
Section

Executive 

Direc

3

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS
D

3280 RUSSELL ROA

QUANTICO. VIRGINIA 221 34-510

Y

3

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Subj:

Ref:

FOR MAJ

(a) MMOA ltr 1600 MMOA-4 of 25 Jun 01

Request BCNR reconsider the petition o

1.
delete the reference.

Since the Personnel Advisory Opinion memorandum was
I have personally reviewed this case.

2.
submitted,
the
the
his

additional information provided by the general officers and
Marine's record,
case be reconsidered by the BCNR.

I recommend the reference be expunged and

3.
the
01.

Would appreciate your expeditious attention to this case as
Lieutenant Colonel Selection Board will convene on 16
 
Thank you for your attention in this matter.

U.S. Marine Corps
Director,
Management Division

Personnel

IN REPLY REFER TO:

160 0
MM
2 

Ott

 01

In light of

..-

and

Ott