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NAVY | BCNR | CY2004 | 01548-04
Original file (01548-04.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
WASHINGTON DC 20370-5100
        
                                                               BJG
Docket No: 1548-04
 30 July 2004
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
 REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
         
         End:     (1)      DD Form 149 dtd 11 Feb 04 w/attachments
                  (2)      HQMC MMOA-4 memo dtd 16 Mar 04
                  (3)      CO, MLAHS 167 ltr dtd 17 Apr 04
                  (4)      Memo for record dtd 28 Jul 04
                  (5)      Subject’s naval record

 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 removal of his failure of selection before the Fiscal Year (FY) 2005 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. Haney, Schultz and Silberman, reviewed Petitioner’s allegations of error and injustice on 29 July 2004, 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 correspondence attached as enclosure (2), the Headquarters Marine Corps (HQMC) Officer Counseling and Evaluation Section, Personnel Management Division (I4frIOA-4), the office having cognizance over the subject matter of Petitioner’s case, has commented to the effect that his request should be denied. They did acknowledge that the FY 2005 Lieutenant Colonel Selection Board lacked Petitioner’ s photograph, and that he made some effort to provide it. They also concluded that his record before the promotion board would have been ‘significantly more competitive,” had the photograph been included. However, they noted that he does not indicate he took further steps, between 25 August 2003 and 4 September 2003, the convening date of the promotion board, to ensure his photograph would be available. They considered it reasonable to expect that he would have taken further action from 25 August 2003.
c.       In correspondence attached as enclosure (3), Petitioner’s commanding officer (CO) detailed the steps Petitioner had taken to have his photograph appear before the FY 2005 Lieutenant Colonel Selection Board, and he explained why Petitioner had not done more. The CO said he believed Petitioner ‘took every reasonable step to ensure the accuracy and completeness of his record prior to the convening of the board.”
d.       The memorandum for the record (MFR) at enclosure (4) reflects that an officer at MMOA-4 other than the signer of the unfavorable advisory opinion said that in light of the CO’s letter at enclosure (3), it appears that Petitioner did exercise due diligence concerning his photograph, so I4MOA-4 now recommends that his request be approved.
CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the revised position of NMOA-4, as shown in the MFR at enclosure (4), the Board finds the existence of an injustice warranting the following corrective action:

RECONMENDAT ION:

 a.       That Petitioner’s naval 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’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 Petitioners 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        J ONATHAN S. RUSKIN
Recorder         Acting Recorder
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.

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