DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 7065-03
28 August 2003
From:
To:
Subj
:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
USM
RD
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 23 Jun 03 w/attachments
w/encl
(2) HQMC MMER memo dtd 27 Aug 03
(3) HQMC MMOA-4 memo dtd 21
JulO3
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 by removing the original fitness report for 1 August 2001 to 21 June 2002, and
replacing it with a revised report for the same period, copies of which are in enclosure (1) at
(2), the Headquarters Marine Corps
Tabs A and B, respectively. As indicated in enclosure
(HQMC) Performance Evaluation Review Board
(PERB) has directed the requested correction
of Petitioner’s fitness report record. He further requested removal of his failure of selection
before the Fiscal Year 2004 Lieutenant Colonel Selection Board, so as to be considered by
the selection board that next convenes to consider officers of his category for promotion to
the grade of lieutenant colonel as an officer who has not failed of selection to that grade.
2. The Board, consisting of Messrs. Adams, Geisler and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 28 August 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
.
.
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 correspondence attached as enclosure
(3), the HQMC office having cognizance
over the subject matter of Petitioner’s request to strike his failure of selection for promotion
has commented to the effect that this request has merit and warrants favorable action.
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 record be corrected so that he will be considered by the earliest
possible selection board convened to consider officers of his category for promotion to
lieutenant colonel as an officer who has not failed of selection for promotion to that grade.
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
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the Board on behalf of the Secretary of the Navy.
%-
T&a
-W. DEAN PFEIFFER
Executive Director
2
AUG-27-2003 WED
02:03
PM
FAX NO,
DEPARTMENT OF THE NAVY
MEADQUARTERS
UNlTEP
Sl’ATE5
MARINE CORP
S
3280 RUSSELL
QUANTICO.
vlt7cl~t~
RDAD
28134-5103
REPLY
riCFER TO:
IM
1610
MMER
27
Aug 03
MFMOIVLNUUM FOR THE EXECUTIVE
DfRECTOR, BOARD FOR CORRECTION OF
NAVAL
RECORDS
Rubj:
Er1cl
:
YPLICATION IN TIIE
SMC
CASE OF' MAJOR
(I.) Copy of CMC
(2) CMC Advisory Opinion 1610 MMOA-4 of 21
MMER/PERB of 27 Aug 03
ltr 1610
Jul 03
.
We defer to
As evidenced by enclosure
(l), PERB replaced
1.
fitness report for the period 20010801 to 200206
BCNR on the issue o
%I 3
for the removal of his failure of
6
Lieutenant Colonel.
resolving that matter.
3.
P1
provid
contained at enclosure
ith enclosure
(l), this Headquarters
ith a copy of the Advisory Opinion
(2),
Enclosure (2) is furnished to assist in
&ad, Performance Evaluation
Review Branch
Personnel Management Division
Commandant
By direction of the
of the Marine Corps
FAX NO,
DEPARTMENT
HCADQUARtERS UNITED
Or THE; NAVY
S+ATES
M*Rl? ‘iL
CORFD
3280
QUANTICO,
lius3l!Ll.
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22134.5
103
REFER+ ‘+-‘:
dEPL,Y
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MMER/YERH
AU0 2 7
2003
Subj :
Rci?
:
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:
COHRECTION
OF
NAVAIi RECORD
(a)
(1)
16l.O.lLO
MC0
Copy of CMC Advisory Opinion 3.600
MMOA-4 of
21 Jul. 03
mferenc~,
allegations of
Raving reviewed
ths following
tha
Per
reviewed
1. .
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