DEPARTMENT OF
THF NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8227-01
16 November 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: L T
REVIEW OF NAVAL RECORD
, USM
Refi (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
(4)
(5)
Ott 01
DD Form 149 dtd 10 Jan 01 and
Subject’s e-mail dtd 31
BCNR rept in Subject’s prior case, docket no 5634-96
HQMC MMOA-4 memo dtd 7 Nov 01
Memo for record dtd 14 Nov 01
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
lieutenant colonel he would have been assigned had he been selected for promotion to that
grade by the Fiscal Year (FY) 1997 Lieutenant Colonel Selection Board, vice the FY 1998
Lieutenant Colonel Selection Board.
2. The Board, consisting of Messrs.
allegations of error and injustice on 16 November 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.
Leeman, Morgan, and Pfeiffer, reviewed Petitioner ’s
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 (5634-96) before this Board. A copy of his decisional
document is at enclosure (2). After he had failed before the FY 1997 Lieutenant Colonel
Selection Board, the Headquarters Marine Corps
(HQMC) Performance Evaluation Review
(PERB) directed that the reviewing officer’s certification be removed from one of his
Board
fitness reports. His failure of selection was later stricken by this Board. He appeared before
the FY 1998 Lieutenant Colonel Selection Board with a corrected record and was selected for
promotion. He was promoted with a date of rank and effective date of 1 June 1998.
c.
In correspondence attached as enclosure
(3), the HQMC Officer Assignment Branch,
Personnel Management Division (MMOA-4), 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. The memorandum for the record at enclosure (4) reflects that the HQMC Promotion
Branch (MMPR) has commented to the effect that had Petitioner been promoted pursuant to
selection by the FY 1998 Lieutenant Colonel Selection Board, he would have been assigned a
date of rank and effective date of 1 February 1997.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
(4), the Board finds the existence of an injustice warranting
contents of enclosures (3) and
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 lieutenant colonel as 1 February 1997, vice
1 June 1998; 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
2
JONATHAN S.
Acting Recorder
.
RUSKIN
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.
3280 RUSSELL ROA
D
OUANTICO, VIRGINIA 22
134-5
DEPARTMENT OF THE NAVY
aIEADQUARTERS UNITED STATES MARINE CORPS
103
IN REPLY REFER TO:
1600
MMOA-4
7 Nov 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Subj:
Ref:
LIETENANT COLONE
SMC
(a) MMER Request for Advisory Opinion in the case
__..,,-,-e
-aua.~...“.
Recommend approval of Lieutenant Colone
1.
for backdating his date of rank.
equest
Per reference (a), we reviewed
Lieutenant C
2.
record and petition.
selection on the FY97 USMC Lieutenant Colonel Selection Board.
He successfully petitioned the Board for Correction of Navy
Records to have the Reviewing Officer comments on the Change
50525 removed
of Reporting Senior fitness report
s subsequently
from his record.
FY98 Lieutenant
selected for promotion from the
Colonel Selection board.
Lieutenant Colone
In-
As evidenced by his selection to Lieutenant Colonel on the
3.
FY98 selection board, the adverse material did, in fact,
impact his selection to Lieutenant Colonel on the previous
erefore, we recommend approval of Lieutenant Colonel
equest for backdating his date of rank.
4.
Point of Contact
i,
Head, Officer Assignment Branch
Personnel Management Division
MEMORANDUM FOR THE RECORD
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100
(BCNR)
DATE: 14NOV0 1
DOCKET N
PETITIONER (PET): LTCO
PARTY CALLED:
SMC
-1
WHAT PARTY SAI
HAD HE BEEN SEL
HAVE BEEN ASSIGNED A DOR AND EFF DATE OF
lFEB97.
ED ME THAT PET ’S CDOR IS
Y-97 USMC LTCOL SEL BD, HE WOULD
lJUN98, AND
PERF SEC
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