DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 4943-03
8 September 2003
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
(4)
DD Form 149 dtd 6 Jun 03 w/attachments
BCNR rept to SECNAV, docket no 3529-02,
dtd 25 Apr 02 less
HQMC MMOA-4 memo dtd 12 Aug 03
Subject’s naval record
encls
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
lieutenant colonel he would have been assigned had he been selected for promotion to that
grade by the Fiscal Year
(FY) 2003 Lieutenant Colonel Selection Board, vice the FY 2004
Lieutenant Colonel Selection Board.
2. The Board, consisting of Mses. Gilbert and Nofziger and Mr. Grover, reviewed
Petitioner’s allegations of error and injustice on 5 September 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.
In Petitioner’s prior case (copy of report of proceedings at enclosure
(2)), this Board
approved removing his failure of selection by the FY 2003 Lieutenant Colonel Selection
Board. He was selected by the FY 2004 Lieutenant Colonel Selection Board, and he was
promoted with a 1 June 2003 date of rank and effective date.
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
specifically recommended adjusting his date of rank and effective date to 1 November 2002.
They determined that this is the date of rank and effective date he would have received, had
he been promoted pursuant to selection by the FY 2003 Lieutenant Colonel Selection Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(3), 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 lieutenant colonel as 1 November 2002 vice
1 June
2003; 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
JONATHAN S.
Acting Recorder
RUSKIN
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.
Executive Direct
3
.
.
HEADQUARTERS UNITED STATES MARINE CORPS
DEPARTMENT OF THE NAVY
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA
22 134-S 103
IN REPLY REFER TO:
160 0
MMOA-4
12 Au g 03
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Ref:
(a) BCNR Request for A
Lieutenant Colonel
of 7 Aug 03.
MC
Recommend approval of Lieutenant
1 .
backdating.
Co1
request for
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