DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 5325-03
3 September 2003
From:
To:
Subj
:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
6)
(1)
(2)
(2)
(3)
Title 10 U.S.C. 1552
DD Form 149 dtd 6 Jun 03 w/attachment
BCNR rept to SECNAV, docket no: 7503-02,
dtd 29 Aug 02 less
HQMC MMOA-4 memo dtd 18 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 major he
would have been assigned had he been selected for promotion to that grade by the Fiscal Year
(FY) 2003 Major Selection Board, vice the FY 2004 Major Selection Board.
2. The Board, consisting of Messrs. Adams, Geisler and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 28 August
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.
2003, and pursuant to its regulations,
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)), the
Headquarters Marine Corps (HQMC) Performance Evaluation Review Board directed
substitution of a fitness report, and this Board approved removing his failure of selection by
the FY 2003 Major Selection Board. He was selected by the FY 2004 Major Selection
Board, and he was promoted with a 1 March 2003 date of rank and effective date.
In correspondence attached as enclosure
(3), the HQMC office with cognizance over
C.
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 the
adjustment of his date of rank and effective date to 1 May 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 Major Selection Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of
contents of enclosure
(3), the Board finds the existence of an injustice warranting the
following corrective action.
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 major as 1 May 2002, 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
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
Direct0
3
DEPARTMENT OF THE NAVY
HEADQUARTERS
UNITED STATES MARINE CORPS
~~~ORUSSELLROAD
QUANTICO,
VlRGlNlA 22
134-5
103
IN REPLY REFER TO:
160 0
MMOA-4
18 Aug 03
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
ON FOR
SMC
MAJO
Ref:
(a)
B
M
8
Recommend approval o
1.
dating of his date of
rank and
ase o f
USMC
backpay.
request for back-
we review
Selection Board.
Per the reference
2.
and petition.
USMC Major
Performance Evaluation Review Board
Change of Reporting Senior report dated 20010616 to 20010831
and have t
rt of the same date removed from
his OMPF.
as subsequently selected for
on the FY04 USMC Major Selection
He successfully petitioned the
(PERB) to submit a new
s record
the FY03
equests back-dating of his date of
rank and ba
In our opinion,
the petitioned fitness report contained
3.
competitive concerns that may have resulted in the failure
of selection.
to Major
replacement
he was selected for promotion to Major, we
recommend approval of his request for back-dating of his
Since the removed report may have contributed
k,lure of selection, and following the
Lieutenant Colonel, USMC
Head, Officer Counseling
Evaluation Section
Officer Assignment Branch
Personnel Management Division
&
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