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NAVY | BCNR | CY2006 | 05951-06
Original file (05951-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-S 100


 BJG
 Docket No: 5951-06
 18 September 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj
 REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 20 Jun 06 w/encl
 (2)      HQMC MMOA-4 memo dtd 21 Aug 06
(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 the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of lieutenant colonel he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2006 Lieutenant Colonel Selection Board, vice the FY 2007 Lieutenant Colonel Selection Board.
2.       The Board, consisting of Messrs. Neuschafer, Novello and Zsalman, reviewed Petitioner’s allegations of error and injustice on 7 September 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 Petitioner’s prior case before this Board, docket number 5517-05 (decisional document in enclosure (1)), the Headquarters Marine Corps (HQMC) Performance Evaluation Review
 Board directed correcting his record by modifying a fitness report, and this Board directed removing his failure of selection by the FY 2006 Lieutenant Colonel Selection Board. After his record had been fully corrected, he was selected by the FY 2007 Lieutenant Colonel Selection Board and promoted with a date of rank and effective date of 1 July 2006.
c.       In enclosure (2), the HQMC Officer Counseling and Evaluation Section, Personnel Management Division has commented to the effect that Petitioner’s request has merit and warrants favorable action. They specifically recommended adjusting his lieutenant colonel date of rank and effective date to
 1 October 2005, the date he would have been assigned had he been promoted pursuant to selection by the FY 2006 Lieutenant Colonel Selection Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), 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 lieutenant colonel as 1 October 2005, vice 1 July 2006; and that his lineal precedence be adjusted accordingly.
b.       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.
c.       That any material 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 7 23.6(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
Executive Director

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