DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 8216-01
21 August 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
LTCOL
REVIEW OF NAVAL RECORD
USMCR (RET),
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) DD Form 149 dtd 19
(2) Memo for record-dtd 9 Aug 02
(3) HQMC JAR7 memo dtd 17 Jun 02
(4) Memo for record dtd 26 Jul 02
Ott 01 w/attachments
Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure
1.
(1) with this Board requesting that his naval record be corrected to show his promotion to
colonel, with the date of rank and effective date he would have been assigned, had he been
selected for promotion to that grade by the Fiscal Year (FY) 1998 Active Reserve Colonel
Selection Board. By implication, he also requested removal of his failures by the FY 1998
through
the record (MFR) documenting that he withdrew his previous request for other relief.
2001 Active Reserve Colonel Selection Boards.
Enclosure (2) is a memorandum for
2. The Board, consisting of Mses. Humberd and Suiter and Mr. Lippolis, reviewed
Petitioner’s allegations of error and injustice on 15 August 2002, 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
of error and injustice, finds as follows:
’s allegations
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 was selected to colonel by a special selection board convened under title
10, United States Code (U.S.C.), sections 14502(e)(3) and 1552, for the FY 1998 Active
Reserve Colonel Selection Board, from which he would have received a date of rank and
effective date of 1
and confirmed by the Senate..
NovembeL 1997. His selection has been approved by the President
C.
In correspondence attached as enclosure
(3), the Headquarters Marine Corps 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. This advisory opinion
recommends correcting his record to show that he was promoted to colonel as of
1 November 1997, and that his retirement on 1 August 2000 was in the grade of colonel.
d. Enclosure (4) is an MFR documenting that neither Petitioner nor his counsel would
be submitting a rebuttal to the advisory opinion at enclosure (3).
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
requested relief.
(3), the Board finds the existence of an injustice warranting the
Specifically, they find Petitioner ’s record should be corrected to show he was promoted on
the retired list to colonel, with a date of rank and effective date of 1 November 1997, under
title 10, U.S.C., sections 14502(e)(3) and 1552. In this connection, they agree with the
advisory opinion, except they find no need to correct his record to show he retired as a
colonel, when he did not request this.
promotion by a special selection board from the FY 1998 Active Reserve Colonel Selection
Board requires removing his failures by the FY 1998 through 2001 Active Reserve Colonel
Selection Boards.
They note that correcting his record to show his
In view of the above, the Board directs the following corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on the date of this Report of
Proceedings, he was promoted on the retired list to the grade of colonel, U.S. Marine Corps
Reserve, with a date of rank and effective date of 1 November 1997, under title 10, U.S.C.,
sections 14502(e)(3) and 1552.
b. That his record be corrected further to show he has not failed of selection for
promotion to colonel.
C. 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
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 tile 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
record of the Board
’s review and deliberations, and that the foregoing is a true and complete
’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
: &
wa*c*
JONATHAN S.
Acting Recorder
a”,
RUSKIN
,.bL&.m
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
5.
the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions,
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
it is hereby announced that the
‘\‘\
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
USMCR (RET)
DATE:
9AUG02
DOCKET NO:
PETITIONER (P
PARTY CALLED: PET
TELEPHONE
WHAT I SAID: I ASKED PET IF HE WOULD BE WILLING TO WITHDRAW ALL OF
HIS REQUESTS, EXCEPT FOR PROM TO COL AND APPROP BACKDATING.
WHAT PARTY SAID: PET ANSWERED IN THE AFFIRMATIVE.
BRIAN J. GEORGE
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
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
DOCKET NO
PETITIONER (PET): LT
PARTY WHO CALLED: PET
TELEPHONE #: NA
WHAT I SAID: NA
USMCR (RET)
WHAT PARTY SAID: PET INFORMED ME THAT NEITHER HE NOR HIS ATTY
WOULD BE SUBMITTING A REBUTTAL STATEMENT TO THE
JAR7.
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