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NAVY | BCNR | CY2006 | 02108-06
Original file (02108-06.rtf) Auto-classification: Approved
                  DEPARTMENT OF THE NAVY
         -        BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                           WASHINGTON DC 20370-5100
        
         BJG
 Docket No:2108-06
 3 November 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         REVIEW OF NAVAL RECORD
         Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 7 Mar 06 w/encl
 (2)      HQMC CMT memo dtd 25 Sep 06
(3)      HQMC MMPR memo dtd 14 Oct 06
(4)      HQMC MMPR e-mail dtd 30 Oct 06
(5)      Memo for record dtd 30 Oct 06
(6)      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 to show the lineal position, date of rank, and effective date in the grade of colonel he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2006 Reserve Colonel Selection Board, vice the FY 2007 Reserve Colonel Selection Board. By implication, he also requested removing his failure of selection by the FY 2006 Reserve Colonel Selection Board.
2.       The Board, consisting of Messrs. Frankfurt, Hess and Koman, reviewed Petitioner’s allegations of error and injustice on 2 November 2006, and pursuant to its regulations, determined that the corrective action indicated below should be taken of 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 enclosures (2) and (3), the Headquarters Marine Corps Career Management Team and Officer Promotion Section (MMPR) have commented to the effect that Petitioner’s backdating request has merit and warrants favorable action.
c.       In correspondence attached as enclosure (4) , MMPR further commented to the effect that if Petitioner’s backdating request is approved, his implied request to remove his failure of selection by the FY 2006 Reserve Colonel Selection Board should be approved as well.
d.       Enclosure (5) documents MMPR advised that had
 Petitioner been promoted pursuant to selection by the FY 2006
Reserve Colonel Selection Board, he would have been assigned a
date of rank and effective date of 1 June 2006. His current
date of rank and effective date is 1 July 2006.
CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures (2) through (5), the Board finds the existence of an injustice warranting the following corrective action.
RECOMMENDATION:

a.       That Petitioner’s naval record be corrected, where appropriate, to show his date of rank and effective date in the grade of colonel as 1 June 2006, vice 1 July 2006; and that his lineal precedence be adjusted accordingly.
b.       That his record be corrected further by removing his failure of selection by the FY 2006 Reserve Colonel Selection Board.
c.       That any material or entries inconsistent with 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.
d.       That any material to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this

2
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.




                                                     
Sincerely,

                                                               W. DEAN PFEIFFER
 Executive Director

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