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NAVY | BCNR | CY2004 | 04744-04
Original file (04744-04.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100


BJG
 Docket No: 4744-04
          29 July 2004

 From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    USMC, REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
          End:     (1)      DD Form 149 dtd 21 May 04 w/attachments
                  (2)      HQMC MMOA-4 memo dtd 19 Jul 04
                  (3)      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 his naval record be corrected by removing his failure of selection before the Fiscal Year (FY) 2004 Chief Warrant Officer 3 (CWO3) 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 CWO3 as an officer who has not failed of selection to that grade. He also requested consideration by a “remedial promotion board.” The FY 2005 CWO3 Selection Board is scheduled to convene on 10 August 2004.
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 limited 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 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 (3), the Board finds the existence of an injustice warranting partial relief, specifically, removal of Petitioner’s failure of selection to CWO3.
The Board finds Petitioner’s request for a remedial promotion board should be denied. In this regard, the Board notes that the FY 2005 CWO3 Selection Board will convene imminently. The Board finds that Petitioner’s consideration by the regular promotion board, with a complete fitness report record and status as an officer who has not failed of selection for promotion, will afford him adequate relief.

In view of the above, the Board directs the following limited 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 CWO3 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.
d.       That the remainder of Petitioner’s request be denied.

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. ZSALM]kN       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, VA 22134-5103
IN REPLY REFER TO:
1600
 MMOA- 4
 19 Jul 04
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR PETITION FOR CWO USMC
Ref:     (a) M MER Re est for Advisory Opinion in the case of

         1.       Recommend approval o f request for removal of his         failure of selection.
         
                  2.       Per the reference, we reviewed CWO record and petition. Maior failed selection on the FY04 USMC CWQ3 Selection Board. ( re quests removal of his failure of selection.
3.       In our opinion, CWO3 exercised due diligence in obtaining the missing reports that made his record incomplete when it went before the board. He made multiple attempts to contact his Reporting Senior and used his chain of command with no success. The operational tempo during this time resulted in his reports not being submitted as it was during initial deployment to Operation Iraqi Freedom. Additionally his RS was on emergency leave during the time he tried to have the reports completed. When the reports were submitted they have made his record much more competitive. Therefore, we recommend approval of his request for removal of the failure of selection.






Major, USMC
Head, Officer Counseling and
Evaluation Section
Personnel Management Division

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