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NAVY | BCNR | CY2006 | 07807-06
Original file (07807-06.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100


 BJG
 Docket No: 7807-06
 2 March 2007
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 31 Mar 06 w/encl
 (2)      HQMC NMER/PERB memo dtd 25 Jul 06
(3)      HQMC MMOA-4 memo dtd 18 Aug 06
(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 removing the fitness report for 22 June 2002 to 4 April 2003 (copy at Tab A). As reflected in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board has directed removing this report. He further requested removing his failure of selection by the Fiscal Year (FY) 2007 Lieutenant Colonel Selection Board. He was selected by the FY 2008 Lieutenant Colonel Selection Board in the status of an officer who had failed of selection for promotion.
2.       The Board, consisting of Ms. Ballinger and Messrs. Bowen and Chapman, reviewed Petitioner’s allegations of error and injustice on 1 March 2007, 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.       In correspondence at enclosure (3), the HQMC Officer Counseling and Evaluation Section, Personnel Management Division has commented to the effect that Petitioner’s failure of selection by the FY 2007 Lieutenant Colonel Selection Board should be removed.
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 the following corrective action.


RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected by removing his failure of selection by the FY 2007 Lieutenant Colonel Selection Board.
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.



















1610
 NMER/ PERB
 JUL 2 5 2005
MEMORANDUM


 From:    Head, Performance Evaluation Review Branch
To:      Head, Personnel Management Support Branch
Subj:    CORRECTION TO NAVAL RECORD IN THE CASE OF MAJOR

Ref: (a) MCO l6lO.llC

1. Per the reference, the Performance Evaluation Review Board has reviewed allegations of error and injustice in subject’s naval record and the following action is requested:

 a.       That subject’s naval record be corrected by removing the following fitness report:
 Date of Report    Reporting Senior         Period of Report
24 June 2003     ~        20020622 to 20030404 (CH)

 b.       That an appropriate “filler memorandum” be inserted in place of the removed report.
2. Additionally, please ensure that any other files that may contain the subject matter identified in paragraph la above are purged of the documentation. Such documentation (paper form, tape, and security file microfiche) is to be returned to the PERB for retention.

3. For Head, NMSB-31: Please correct the PES by removing any record of the fitness report identified in the paragraph above.
          -       
































        
Copy to:
NMSB-3 1
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
                  QUANTICO, VA 22134-5103




IN REPLY REFER TO:
 1600
 M MOA-4
 18 Aug 06



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Ref:     (a) MMER Request for Advisory Opinion in the case of


1.       Recommend approval request for removal of his failure of selection.
2.       Per the reference, we and petition ailed selection on the FY07 USMC Lieutenant Colonel Selection Board. Subsequently he petitioned and was granted relief from the Performance Evaluation Review Board (PERB) to have CH report dated 20020622 to 20030404 removed from his record. He also requests removal of his failure of selection.
3.       In our opinion, the petitioned fitness report contained competitive concerns that may have resulted in his failure of selection. Therefore, we recommend approval of his request for removal of the failure of selection.
4.       POC is Lieutenant Colonel at (703) 784-9281.



Lieutenant Colonel, USMC
Head. Officer Counseling and
Evaluation Section
Personnel Management Division

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