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NAVY | BCNR | CY2002 | 10850-02
Original file (10850-02.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 BJG
Docket No: 10850-02
18 March 2003

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 12 Dec 02 w/attachment
 (2)      HQMC MMOA-4 memo dtd 4 Mar 03
(3)      HQMC MMPR memo dtd 10 Jan 03
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 chief warrant officer 4 (CWO4) he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2001 CWO4 Selection Board, vice the FY 2003 CWO4 Selection Board.

2.       The Board, consisting of Messrs. Dunne, Shy and Zsalman, reviewed petitioner’s allegations of error and injustice on 13 March 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.

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.       Petitioner had a prior case (9 126-02) before this Board. A copy of his decisional document is at Tab A to enclosure (1). After he had been selected by the FY 2003 CWO4 Selection Board, the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) directed removing two fitness reports; and this Board directed removing his failures of selection by the FY 2001 and 2002 CWO4 Selection Boards. The current date of rank and effective date of his promotion to CWO4 is 1 March 2003.
c.       In correspondence attached as enclosure (2), the HQMC Officer Counseling and Evaluation Section, Personnel Management Division (MMOA-4), has commented to the effect that Petitioner’s request for backdating has merit and warrants favorable action.
d.       In correspondence attached as enclosure (3), the HQMC Promotion Branch (MMPR) has commented to the effect that if Petitioner had been selected by the FY 2001 CWO4 Selection Board, he would have received a date of rank and effective date of 1 May 2001.
CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures (2) and (3), the Board finds the existence of an injustice warranting the following corrective action.

 RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected, where appropriate, to show his date of rank and effective date in the grade of CWO4 as 1 May 2001, vice 1 March 2003; 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        JONATHAN S. RUSKIN
Recorder         Acting Recorder
2







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 PFEIFFER
                  Executive Director












3

         DEPARTMENT O F THE NAVY
HE ADQU ARTERS UNITED STATES MARINE CORPS
         3280 RUSSELL ROAD
                                              Q U ANTICO, VIRG INIA 22134-5103
                  IN REPLY REFER TO:
                  1600
                  MMOA-4
                  4 MAR 03




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS


Subj
         
         Re f :     (a) BCNR Re quest for Advisory Opinion in the case of


         1.        Recommend approval of requests for back-dating of his date of rank and ba ckp ay.
2. Per the reference, we reviewed XXXX record and petition. failed selection on the FY01 and FY02 USMC CWO4 Selection Boards. He was selected for promotion from the Above-Zone on the FY03 USMC CWO4 Selection Board. Following his ~ petitioned the Performance Evaluation Review Board (PERB) to remove the following reports:
(AN) 960401 to 970331
(AN) 970401 to 980331
(TR) 980401 to 980702
re quests back-dating of his date of rank and backpay.
3. In our opinion, the petitioned reports contained serious competitive concerns that likely resulted in the failures of selection. Removal of these reports significantly increased the competitiveness of XXXXx record. Since the removed reports likely resulted in XXXX failures of selection, we recommend approval of h~s request for back-dating of his date of rank to 1 May 2001.
         


         Lieutenant Colonel , USMC
 Head, Officer Counseling and
Evaluation Section, PMD







DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
HARRY LEE HALL, 17 LEJEUNE ROAD
QUANTICO, VIRGINIA 22134.5104
                                                                                                   IN REPLY REFER TO:
                                                                                                    1412/1
                                                                                                    M M PR
          JAN 10 2 0 0 3


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS


 Subj
1. Chief Warrant Officer scheduled to be promoted to Chief Warrant Officer-4 on 1 March 2003. If Chief Warrant r equest for backdating is approved, his date of rank and effec t ive date will be 1 May 2001. This is the date of rank he would have received upon selection from the FY01 USMC Chief Warrant Officer-4 Selection Board.
2.       Point of contact





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