DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 6915-06
29 September 2006
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj aes ‘
REVIEW OF. NAVAL RECORD
Ref; (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 31 Jun 06 w/encl
(2) HQMC MMOA-4 memo dtd 15 Sep 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 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 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 1230-05 (decisional document is in enclosure (1)), this
Board directed removing his failure of selection by the FY 2006
Lieutenant Colonel Selection Board. After his record had been
corrected, he was selected by the FY 2007 Lieutenant Colonel
Selection Board and promoted with a date of rank and effective
date of 1 June 2006.
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. They specifically recommended
adjusting his lieutenant colonel date of rank and effective date
to 1 August 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 August 2005, vice 1 June 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.
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