DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 1252-02
23 January 2003

From:
To:

Subj 
:

Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

LTCOL
REVJEW OF NAVAL RECORD

USMC

60
(1)
(2)
(3)
(4)

Title 10 U.S.C. 1552

DD Form 149 dtd 13 Feb 02 w/attachment
HQMC MMOA-4 memo dtd 14 Jun 02
Memo for record dtd 3 Jan 03
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 
(FY) 2002 Lieutenant Colonel Selection Board, vice the FY 2003
Lieutenant Colonel Selection Board. By implication, he also requested removal of his failure
of selection by the FY 2002 Lieutenant Colonel Selection Board.

Fiscal Year 

2. The Board, consisting of Messrs. 
allegations of error and injustice on 16 January 2003, 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.

Caron, Harrison and Swarens, reviewed Petitioner ’s

3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice, 

fmds 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, docket number 6319-98, before this Board. Pursuant to

the Board’s recommendation, on 11 October 2000, the Assistant Secretary of the Navy
(Manpower and Reserve Affairs) directed that his naval record be corrected by modifying a
fitness report. The FY 2002 Lieutenant Colonel Selection Board, before which he failed,
convened on the same date and considered his uncorrected record. The correction was not
effected until 13 October 2000. Petitioner was then selected above the promotion zone by the

.

.

FY 2003 Lieutenant Colonel Selection Board, and he was promoted with a date of rank and
effective date of 1 March 

2002.

In correspondence attached as enclosure 

(2), the Headquarters Marine Corps

(HQkC) Officer Career Counseling and Evaluation Section, Personnel Management Division
(MMOA-4) has commented to the effect that Petitioner ’s request to backdate his lieutenant
colonel date of rank and effective date has merit and warrants favorable action. This
advisory opinion specifically recommended adjusting his lieutenant colonel date of rank and
2001, the date he would have been assigned if he had been promoted
effective date to 1 June 
pursuant to selection by the FY 2002 Lieutenant Colonel Selection Board.

d. The memorandum for the record at enclosure (3) documents that a member of the
Board’s staff contacted HQMC MMOA-4, and was informed that they feel Petitioner ’s
implied request to remove his failure of selection by the FY 
Selection Board has merit and warrants favorable action.

2002 Lieutenant Colonel

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosures (2) and 
following corrective action.

(3), the Board finds the existence of an injustice warranting the

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected to show that he did not fail of selection

by the FY 2002 Lieutenant Colonel Selection Board.

b. That Petitioner ’s naval record be further corrected, where appropriate, to show his

date of rank and effective date in the grade of lieutenant colonel as 1 June 2001, vice
1 March 

2002; and that his lineal precedence be adjusted accordingly.

c. That any material or entries inconsistent with or relating to the Board ’s

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

’s record and

d. 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.

2

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

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.

=W . DEAN  

P&FFER

Executive Director

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES

Y
  MARINE CORP

S

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 22134-510

3

IN  REPLY REFER TO:

160 0
MMOA-4
14 June 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

Ref:

(a) BCNR Request for Advisory Opinion in the case

of
of

1.
Recommend
dating of his

approval of
date of rank.

request for back-

L+Cch(b;z)

Per the ref

2.
and petition.
USMC Lieutenant
subsequently selected for promotion on the FY03 Lieutenant
Colonel Selection Board.
Correction of Naval Records authorized

ewed
s record
iled selection on the FY02
ion Board.

On  1 1 October 20 0

-&AZ;  

He was

*'Change  of Duty fitness report of

  941101  to 950602.

FEZ@)  

for
Because

+@\\a

~;;r22;0~;~~

the FY02 Lieutenant Colonel Selection board convened on  
rt was included in the
Y02 Lieutenant Colonel
quests back-dating of his

Selection board.
date of rank to reflect selection on the FY02 board.

In our opinion, the petitioned report contained serious

3.
competitive concerns that may have resulted in the failure
of
ce the petitioned report likely resulted
in
failure of selection on the FY02
Lieutenant Colonel Selection Board, we recommend approval
of his request for back-dating of his date of rank to
  1
June 2001.

This date was verified by Jane Ritchie of MMPR.

"'_

4.

Point of contact

Lieutenant Colonel, USMC
Head, Officer Counseling and
Evaluation Section
Officer Assignment Branch
Personnel Management Division

BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)

DEPARTMENT  OF THE NAVY

PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100

TELEPHONE: (703) 614-2293 OR DSN 224-2293
FACSIMILE: (703) 614-9857 OR DSN 224-9857

MEMORANDUM FOR THE RECORD

DATE: 

3JAN03

DOCKET NO: 1252-02

PETITIONER (PET):

LT

PARTY I CALLED:

LT

TEL

C

SMC, HQMC 

MMOAQ

WHAT I SAID: I ASKED CO
REQUEST TO REMOVE HIS FOS BY THE 

HE WOULD SPT PET ’S IMPLIED

FY-02 USMC LTCOL SEL BD.

WHAT PARTY SAI
BASED ON PET B
AFTER AN ADVERSE 

FITREP WAS REMOVED.

NSWERED IN THE AFFIRMATIVE,
ZONE BY THE FY-03 LTCOL SEL BD

BRIAN J. GEORGE