DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8303-01
4 January 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
two
REVIEW OF NAVAL RECORD
, USM
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 8 Nov 01 w/attachments
(2) HQMC MMOA-4 memo dtd 7
Dee 0 1
(3) Memo for record dtd 11
(4) Subject ’s naval record
Dee 01
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
1.
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 Chief
Warrant Officer 3 (CW03) he would have been assigned had he been selected for promotion
to that grade by the Fiscal Year (FY) 2001 CW03 Selection Board, vice the FY 2002 CW03
Selection Board.
2. The Board, consisting of Messrs. Kastner and Rothlein and Ms. Schnittman, reviewed
Petitioner’s allegations of error and injustice on 3 January 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.
In Petitioner’s prior case, docket number 1941-01 (copy of Report of Proceedings at
(l)), the Headquarters Marine Corps (HQMC) Performance Evaluation
Tab A to enclosure
Review Board removed a fitness report, and this
CW03 Selection Board. He was considered by the FY 2002 CW03 Selection Board as an
in-zone officer with a corrected fitness report record, and he was selected for promotion. He
was promoted to CW03 with a 1 January 2002 date of rank and effective date.
Bo,ard removed his failure by the FY 2001
C.
In correspondence attached as enclosure
(2), the HQMC Officer Counseling and
Evaluation Section, Officer Assignment Branch, Personnel Management Division, 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 (3) reflects that the HQMC Promotion
Branch has advised that had Petitioner been promoted pursuant to selection by the FY 2001
CW03 Selection Board, he would have been assigned a date of rank and effective date of
1 December 2000.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosures (2) and
the following corrective action.
(3), the Board finds the existence of an injustice warranting
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected, where appropriate, to show his date of
2002;
rank and effective date in the grade of CW03 as 1 December 2000, vice 1 January
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
JONATHAN S.
Acting Recorder
RUSKIN
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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 Director
DEPARTMENT OF THE NAV
Y
HEADOUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
GUANTICO. VIRGINIA 221
34-51 0
3
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL
RECORDS
Subj:
T OFFICE
Ref:
(a) MMER
Request,for Advisory Opinion in the case
Recommend approval of
1.
his date of rank.
Nov 2001
request for backdating
Per refere
2.
petition.
Warrant Office
the Board for Correction of Navy Records to have the Change of
e reviewed
failed selection on the
tion Board.
He successfully petitioned
'record and
FYOl USMC Chief
C
as subsequently selected for promotion
from the In-Zone on the FY02 Chief Warrant Officer 3 Selection
board.
960711 to 970331 removed from his
As evidenced by his selection to CW03 on the FY02
3.
selection board,
did, in fact,
board.
request for backdating his date of rank.
Therefore,
we recommend approval o
impact his selection to CW03 on the previous
the adverse material contained in the report
4.
Point of Contact
rine Corps
Officer Counseling and
Head,
Evaluation Section
Officer Assignment Branch
Personnel Management Division
*
MEMORANDUM FOR THE RECORD
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
PARTY CALLED:
WHAT I SAID: I A
HAS AS A CWO-3,
USMC CWO-3 SEL BD.
WHAT PARTY S
DATE IS lJAN02,
SMC
AND EFF DATE PET CURRENTLY
E HAD HE BEEN SEL BY THE FY-01
THAT HIS CURRENT
PROJ DOR AND EFF
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