Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 07043-05
Original file (07043-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
        
         BJG
         Docket No: 7043-05
         25 August 2005
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj: REV I EW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Forms 149 dtd 26 May & 9 Aug 05, each w/attac h ments
 (2)      HQMC MMER PERB ltr dtd 19 Aug 05
(3)      HQMC MMOA—4 memo dtd 22 Aug 05
(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 his naval record be corrected by modifying the fitness reports for 8 November 1998 to 1 August 1999 and 1 July 2002 to 31 January 2003, copies of which are at Tabs A and B, respectively. As explained in enclosure (2) , the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed modification to both reports as he requested. He further requested removal of his failure of selection before the Fiscal Year (FY) 2006 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. Exnicios, Goldsmith and Zsalman, reviewed Petitioner’s allegations of error and injustice on 25 August 2005, 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 Officer Counseling and Evaluation Section, Personnel Management Division (MMOA-4) has commented to the effect that Petitioner’s request to remove his failure of selection has merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of enclosure (3), the Board finds the existence of an injustice warranting the following corrective action:
RECOMMENDATION:
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 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.
                                                                                  W. DEAN PFEIFFER

Similar Decisions

  • NAVY | BCNR | CY2003 | 07065-03

    Original file (07065-03.pdf) Auto-classification: Approved

    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. As indicated in enclosure (HQMC) Performance Evaluation Review Board (PERB) has directed the requested correction of Petitioner’s fitness report record. The Board, consisting of Messrs. Adams, Geisler and Zsalman, reviewed...

  • NAVY | BCNR | CY2002 | 07836-02

    Original file (07836-02.pdf) Auto-classification: Approved

    Petitioner further requested removal of his failure of selection before (2), the Headquarters Marine 2. Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps HLIDqUARTtRS DEPARTMENT OF THE NAVY UNITE0 STATES ROA AUSSLLL VIRGINIA 22 3PBO PUANTICO, MARINE CORPS D 134.6 IO3 IN REPLY REFER TO: 1610 MMER/PERB AUG 2 9 2002 E'rom : TO: Subj: CORRECTION OF NAVAL RECORD Ref: (a) MC0 1610.11c Per the reference, the Performance Evaluation Review...

  • NAVY | BCNR | CY2002 | 07470-02

    Original file (07470-02.pdf) Auto-classification: Approved

    Enclosure (2) is furnished to assist in request for By enclosure 3. with a copy of the Advisory Opinion contained at en (3), this Headquarters provided Ma Head, Performance Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps 1610 MMER/PERB A:JG ?oul ii ; From: Co To: Subj: CORRECTION OF NAVAL RECORD Ref: (a) MC0 161O.llC Per the reference, the Performance Evaluation Review Board and injustice in your naval Having reviewed all the facts of...

  • NAVY | BCNR | CY2002 | 08284-01

    Original file (08284-01.pdf) Auto-classification: Approved

    ’s failures C. In correspondence attached as enclosure (3), the HQMC Officer Assignment Branch, Personnel Management Division (MMOA4) has commented to the effect that Petitioner request to remove his FY 2002 failure of selection has merit and warrants favorable action. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has the Performance Evaluation Review Board Date of Report -__- _____.__...

  • NAVY | BCNR | CY2002 | 07330-02

    Original file (07330-02.pdf) Auto-classification: Approved

    atbched as enclosure 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 limited relief, specifically, removal of Petitioner ’s failure of selection for promotion. 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...

  • NAVY | BCNR | CY2006 | 01414-06

    Original file (01414-06.rtf) Auto-classification: Approved

    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 modifying the fitness report for 22 June to 30 September 2002 to show a section K.3 (reviewing officer’s comparative assessment”) mark of fourth best of eight possible marks, vice fifth best. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board has...

  • NAVY | BCNR | CY2001 | 03462-01

    Original file (03462-01.pdf) Auto-classification: Approved

    icial military record, (l), PERB removed from Lieutenant the fitness report for We defer to BCNR on the issue of Lieutenant Colone 2. request for the removal of his failure of selection to the grade of Colonel. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has the Performance Evaluation Review Board Date of Report Reporting Senior Period of Report 29 Aug 99 co1 980701 t0...

  • NAVY | BCNR | CY2009 | 09249-09

    Original file (09249-09.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. Ivins, Vogt and Zsalman, reviewed Petitioner's allegations of error and injustice on 29 October 2009, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. ‘Enclosure (2), the report of the PERB, reflects that Petitioner's request concerning the report for 31 May to 9 September 2006 was granted, but comments to the effect that Petitioner’s request to modify the report for 5...

  • NAVY | BCNR | CY2001 | 05485-01

    Original file (05485-01.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAV UNITED STATES MARINE CORPS Y HEADQUARTERS 3280 RUSSELL ROA D QUANTICO, VIRGINIA 22 134-5 103 IN REPLY REFER TO: 1600 MMOA-4 10 Jul 01 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: (a) MMER Request of 09 Jul 01. in the case USMC Recommend approval of 1. of his failure of selection to Lieutenant Colonel. Lieutenant successfully petitioned the Performance Evaluation Review Board for removal of the Reviewing Officer co Transfer...

  • NAVY | BCNR | CY2001 | 07123-01

    Original file (07123-01.pdf) Auto-classification: Approved

    In correspondence attached as enclosure (3), the HQMC office having cognizance over the subject matter of Petitioner’s request to strike his failures of selection for promotion has commented to the effect that this request has merit and warrants favorable action. (3), this Headquarters provided Lieutenant th a copy of the Advisory Opinion contained at Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps DEPARTMENT OF THE...