S
BJG
Docket No: 9420-02
4 December 2002
DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 22 Ckt 02 w/attachments
(2) HQMC MMOA-4 memo dtd 21 Nov 02
(3) 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 captain
he would have been assigned had he been selected for promotion to that grade by the Fiscal
Year
(FY) 2002 Captain Selection Board, vice the FY 2003 Captain Selection Board.
2. The Board, consisting of Messrs. Taylor, Tew and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 4 December 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’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.
In Petitioner’s prior case, docket number 8231-01 (decisional document at Tab A to
(l)), the Headquarters Marine Corps
(HQMC) Performance Evaluation
(PERB) directed removing a fitness report, and this Board directed removing his
enclosure
Board
failure of selection by the FY 2002 Captain Selection Board. He was selected by the FY
2003 Captain Selection Board with a corrected fitness report record and status as not having
failed of selection. He was promoted to captain with a date of rank and effective date of
1 October 2002.
,Review
c.
In correspondence attached as enclosure
(2), the HQMC office with cognizance over
the subject matter. of this case has commented to the effect that Petitioner
and warrants favorable action. They stated that if he had been promoted pursuant to selection
by the FY 2002 Captain Selection Board, he would have been assigned a date of rank and
effective date of 1 January 2002.
’s request has merit
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected, where appropriate, to show his date of
rank and effective date in the grade of captain as 1 January 2002, vice 1 October 2002; and
that his lineal precedence be adjusted accordingly.
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
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
$Jhmwez*d,
JONATHAN S.
RUSKIN
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.
Fsl_ W. DEAN
PMIFFER
Executive Director
3
DEPARTMENT OF THE NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO.
VlRClNlA 22
134-6 10 3
MMOA-4
21 Nov 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
BCNR PETITION FOR CAPTAI
USMC
Subj:
Ref:
2
Recommend approval
1.
backdating.
equest for
Per the r
2.
petition.
Cap
Captain Select
Performance Evaluation Review Board
Transfer fitness report from 990908 to 991113.
subsequently selected for promotion
USMC Captain Selection Board.
Cap
of his date of rank in keeping with
reviewed Ca
selecti
led
e successfully petitioned the
(PERB) to remove the
Ca
from the In-Zo
quests backdating
selection on the FY02 Board.
ecord and
USMC
as
03
Removal of the report increased the competitiveness
In our opinion, the petitioned report contained serious
3.
competitive concerns that may have resulted in the failure of
selection.
of his record.
and following the removal
Capta
he was selected for promotion to Captain, we recommend approval
of his request for back-dating of his date of rank to 1 January
2002.
Since the removed report likely resulted in
failure of selection,
This date was verified by Jane Ritchie of MMPR.
4.
POC
at
Lieutenant Colonel,
Head, Officer Counseling and
Evaluation Section
Personnel Management Division
USMC
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