DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 6558-06
29 September 2006
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Sub) : sia Se - sigs.
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 31 Mar 06 w/encls
(2) HOMC MMOA-4 memo dtd 31 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 his naval record be
corrected by removing his failure of selection by the Fiscal
Year (FY) 2007 Major 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 major as an officer
who has not failed to that grade. He further requested, in the
event of his selection by the FY 2008 Major Selection Board,
that he be assigned a date of rank reflecting selection by the
FY 2007 Major Selection Board. The Board did not consider the
last request, as it is premature before he has been promoted to
major.
2. The Board, consisting of Ms. Humberd and Messrs. Grover and
Pfeiffer, reviewed Petitioner’s allegations of error and
injustice on 28 September 2006, and pursuant to its regulations,
determined that the limited 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. Despite Petitioner’s due diligence to ensure his record
before the FY 2007 Major Selection Board would be correct and
complete, it reflected a 30-day fitness report date gap anda
joint combat fitness report that erroneously indicated it was a
“normal peacetime” report.
c. In enclosure (2), the Headquarters Marine Corps Officer
Counseling and Evaluation Section, Personnel Management Division
has commented to the effect that Petitioner’s 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 (2), 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
major 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.
Pre Age
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.
et
FA_wW. DEAN PFEIFFER
Executive Director
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