DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-51

’00

BIG
Docket No: 9834-02
26 December 2002

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj: C

Ref:

Encl:

REVIEW OF NAVAL RECORD

USMC

(a) Title 10 U.S.C. 1552

(1) DD Form 149 dtd 18 Nov 02  
(2) HQMC MMOA-4 memo dtd 2 
(3) Subject’s naval record

\
Dee 02

.

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 
implication, he further requested removal of his failure of selection by the FY 2002 Captain
Selection Board.

(FY) 2002 Captain Selection Board, vice the FY 2003 Captain Selection Board. 

By

2. The Board, consisting of Messrs. Agresti, Mimer and Zsalman, reviewed Petitioner ’s
allegations’ of error and injustice on 18 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, 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. After Petitioner had failed of selection by the FY 2002 Captain Selection Board, the

Headquarters Marine Corps Performance Evaluation Review Board directed removal of a
fitness report. He was then selected, above the promotion zone, by the FY 2003 Captain
Selection Board and promoted with a date of rank and effective date of 1 October 2002.

b.

(2), the Headquarters Marine Corps office
with cognizance over the subject matter of this case has commented to the effect that both

In correspondence attached as enclosure 

Petitioner’s express and implied requests have merit and warrant favorable action. This
advisory opinion specifically recommended adjusting his captain date of rank and effective
date to 1 January 
pursuant to selection by the FY 

2002, the date he would have been assigned if he had been promoted

2002 Captain Selection Board.

CONCLUSION:

Upon review and consideration of all the evidence of record,
contents of enclosure 
(2), the Board finds the existence of an
following corrective action.

and especially in light of the
injustice warranting the

RECOMMENDATION:

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

FY 2002 Captain Selection Board.

b. That his naval record be further corrected, where appropriate, to show his date of
2002, vice 1 October 2002; and

rank and effective date in the grade of captain as 1 January 
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 ’s record and
that no such entries or material be added to the record in the future.

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.

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.

&2w4-4+2 

JONATHAN S. 
Acting Recorder

RUSKIN

hLdGJ--

ROBERT D. ZSALMAN
Recorder

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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.

DEPARTMENT OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 221 34-51 03

IN REPLY REFER TO:

160 0
MMOA-4
2 

Dee 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

BCNR PETITION FOR

USMC

CAPTAI

(a) BCNR
Capta
of 20

Recommend approval of Captai

1.
removal of his failure of

implied request for
selection and request for backdating.

we reviewed Captain
iled  selection

Captain

Per the reference,

2.
petition.
Selection Board.
Evaluation Review Board  
Senior report from 000504 to 000628.
selected for promotion f
Selection Board.
rank.

Captai

Captain
bove-Zone on
equests back

e successfully petitioned the Performance

(PERB)  to remove the

record and
Y02 USMC Captain

f Reporting
as subsequently
3 USMC Captain
f his date of

In our opinion,

3.
increased the competitiveness of his record.
petitioned report removed, Captain
considerable competitive jeopardy in the following areas:

the favorable PERB action marginally
With the
cord still contains

a.

Adverse Report.

Captain

,record  contains another

adverse report written at the same unit for the previous
reporting period.
serious lack of proficiency and performance.
was similar in nature,

but for a much shorter period of time.

This report contains comments which outline a

The removed report

b.

Reviewing Officer Distribution.

After the removal of
viewing Officer Distribution still
bottom of his peer group.

the report, Captain
clearly places him

C .

PFT Score.

Captain

scores are all second or third class.
significantly below the majority of his peers being selected for
promotion.

ysical Fitness Test
These scores are

4.

In summary,

the favorable PERB action did marginally

improve the competitiveness of Captai

record.

Since

and following the removal he wa

the removed report may have resulted in Capta
of selection,
promotion to Captain from the Above-zone, we recommend approval
of his implied request for removal of his failure of selection
and request for back-dating of
This date was verified
2002.

failure
for

k to 1 January
of MMPR.

5 .

POC

Head, Officer Counseling and
Evaluation Section
Personnel Management Division

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