Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 09712-06
Original file (09712-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
 WASHINGTON DC 2O37O~5 100

 BJG
          Docket No: 9712-06
 17 January 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
En cl :    (1) DD Form 149 dtd 18 Sep 06 w/encls
 (2)      Copy of Subject’s fitrep for 23 May 96 to 10 Mar 97
(3)      HQMC MMOA-4 memo dtd 24 Oct 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 his failures of selection by the Fiscal Year (FY) 2007 and 2008 Lieutenant Colonel Selection Boards, so as to be considered by the selection board that next convenes to consider officers of his category for promotion to the grade of lieutenant colonel as an officer who has not failed of selection to that grade.
2.       The Board, consisting of Messrs. Bourgeois, Grover and Hess, reviewed Petitioner’s allegations of error and injustice on 4 January 2007, 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.       After Petitioner had failed of selection by the FY 2007 Lieutenant Colonel Selection Board,, the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board directed removing the adverse fitness report for 23 May 1996 to 10 March 1997 (copy at enclosure (2)) from his record. When he was considered and not selected by the FY 2008 Lieutenant Colonel Selection Board, his record did not include the fitness report, but he was considered as an officer who had previously failed of selection.
c.       In enclosure (3), 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.
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 error and 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 lieutenant colonel 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.






        
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.



W.       DEAN PFEIFFER
 Executive Director























3

Similar Decisions

  • NAVY | BCNR | CY2006 | 00389-06

    Original file (00389-06.rtf) Auto-classification: Approved

    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 Lieutenant Colonel 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 lieutenant colonel as an officer who has not failed to that grade.2. ...

  • NAVY | BCNR | CY2006 | 07807-06

    Original file (07807-06.rtf) Auto-classification: Approved

    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. That Petitioner’s...

  • NAVY | BCNR | CY2006 | 07196-06

    Original file (07196-06.rtf) Auto-classification: Approved

    As reflected in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed removing the contested section K’s and the word quiet,” and HQMC has modified the report for 1 August 1999 to 29 February 2000 to show “CAPT” (captain) vice “MAJ” (major) in section A, item i.e (grade). If Petitioner is correct that he did not receive a copy of the report when it was completed, the Board finds this would not be a material error warranting relief, as...

  • NAVY | BCNR | CY2006 | 01414-06

    Original file (01414-06.rtf) Auto-classification: Approved

    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 modifying the fitness report for 22 June to 30 September 2002 to show a section K.3 (reviewing officer’s comparative assessment”) mark of fourth best of eight possible marks, vice fifth best. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board has...

  • NAVY | BCNR | CY2001 | 01291-01

    Original file (01291-01.pdf) Auto-classification: Approved

    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 by removing his failures of selection before the Fiscal Year (FY) 2000 and 2001 Reserve Lieutenant Colonel Selection Boards. After Petitioner had failed by the FY 2000 and 2001 Reserve Lieutenant Colonel (HQMC) Performance Evaluation Review Selection Boards, the Headquarters Marine Corps Board...

  • NAVY | BCNR | CY2008 | 01799-08

    Original file (01799-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 1799-08 16 September 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy subj: iii REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.c. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board, in effect, that the applicable naval record be corrected to show...

  • NAVY | BCNR | CY2006 | 05951-06

    Original file (05951-06.rtf) Auto-classification: Approved

    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. ...

  • NAVY | BCNR | CY2008 | 00356-08

    Original file (00356-08.rtf) Auto-classification: Approved

    It is requested that this Board be furnished a copy of any correspondence relating to the enclosure; and that this letter and a copy of the enclosure be returned to the Board, together with any documentary material directed to be removed.Bydirection DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2NAVYANNEX WASHINGTON DC 20370-5 100JSR Docket No. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed all the...

  • NAVY | BCNR | CY2007 | 00628-07

    Original file (00628-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected by removing her failure of selection by the Fiscal Year (FY) 2007 Chief Warrant Officer 4 (CWO4) Selection Board. By enclosure (2), she added a request to remove her failure of selection by the FY 2006 CWO4 Selection Board, so as to be considered by the selection board that next convenes to consider...

  • NAVY | BCNR | CY2010 | 04645-10

    Original file (04645-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by removing his failures of selection for promotion before the Fiscal Year (FY) 2010 and 2011 Lieutenant Colonel Selection Boards, so as to be considered by the selection board next convened to consider officers of his category for promotion to lieutenant colonel as an officer who has...