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NAVY | BCNR | CY2004 | 04238-04
Original file (04238-04.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2NAVYANNEX
WASHINGTON DC 20370-5100

                                                               BJG
Docket No: 4238-04
          30 July 2004

 From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
                  REVIEW OF NAVAL RECORD
         Ref:     (a) 10 U.S.C. 1552
          End:     (1)      DD Form 149 dtd 21 Feb 04 w/attachments
                  (2)      HQMC MMER memo dtd 18 May 04 w/encl
                  (3)      HQMC NMOA-4 memo dtd 17 May 04
                  (4)      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 replacing the original fitness report for 24 May 2002 to 5 January 2003 with the “not observed” revised fitness report for the same period. A copy of the original report is at Tab A, and a copy of the revised report is enclosed with Petitioner’s application. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed the requested substitution of reports. Petitioner further requested removal of his failure of selection before the Fiscal Year 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 (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.


CONCLUS ION:

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

RECOMMENDAT 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 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

 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.

















DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
         QUANTICO, VIRGINIA 22134-51 03  
                  IN REPLY REFER TO:

         1610
         MMER
         18 May 04
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF MAJOR

End:     (1) Copy of CMC ltr 1610 MMER/PERB of 13 May 04
 (2)      CMC Advisory Opinion 1610 MMOA-4 of 17 May 0
(3)      CMC ltr 1610 MMER/PERB of 18 May 04
1.       As evidenced by enclosure (1), PERB replaced Mayo r - fitness report for the period 20020524 to 20030105 (CH)
2. We defer to BCNR on the issue of M ajor ‘ request for the removal of his failure of selection to th~ gra e of Lieutenant Colonel. Enclosure (2) is furnished to assist in resolving that matter.
3.       Please note that with enclosure (3), this Headquarters provided  with a copy of the Advisory Opinion contained at enclosure (2) –








         Head, Performance Evaluation
         Review Branch
 Personnel Management Division
 By direction of the Commandant
of the Marine Corps

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