Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 02987-07
Original file (02987-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 BJG
 Docket No: 2987-07
 11 May 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
Ref:     (a) .S.C. 1552 Title 10 USC
End:     (1) DD Form 149 dtd 22 Mar 07 w/encl
 (2)      HQMC NI4OA-4 memo dtd 27 Apr 07
(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 2008 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.       The Board, consisting of Mr. Dietrich and Mses. Mann and Willis, reviewed Petitioner’s allegations of error and injustice on 10 May 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.       In enclosure (2), the Headquarters Marine Corps Officer Counseling and Evaluation Section, Personnel Management Division has commented to the effect that Petitioner’s case has merit and w arrants relief.
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 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.





















DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
 1600
 MM OA- 4
27 Apr 07
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS

 1.       Recommend approval for removal of his failure of selection from the FY08 USMC Lieutenant Colonel Selection Board.
2.       Per the reference, we reviewed record and petition. He failed selection on the FY08 USMC Lieutenant Colonel Selection Board. Subsequently, he petitioned to have his failure of selection removed because of a material error record as it appeared before the board.
 p oint duty experience was not reflected on the joint duty summary roster provided to the FY08 USMC Lieutenant Colonel Selection Board.
3.       In our opinion, the material error did present a competitive concern to the record that may have resulted in his failure of selection experience was accurately reflected elsewhere in his record, we believe that, because his name was not included on the joint duty summary roster, some doubt may have entered into the board as to the accuracy of the record. We believe any doubt should go in favor of the Marine. Therefore, we recommend approval of his request for removal of his failure of selection.
4.       Point of contact is LtCol (703) 784—9281.


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

Similar Decisions

  • NAVY | BCNR | CY2007 | 03198-07

    Original file (03198-07.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. The Board noted that the corrections to your fitness report record, which were directed by the HQMC Performance Evaluation Review Board and not this Board, were not effected until after the FY 2008 Lieutenant Colonel Selection Board had adjourned on 22 September 2006. Subsequently, he...

  • NAVY | BCNR | CY2009 | 02319-09

    Original file (02319-09.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 before the Fiscal Year (FY) 2008 and 2009 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 not failed of...

  • NAVY | BCNR | CY2002 | 08284-01

    Original file (08284-01.pdf) Auto-classification: Approved

    ’s failures C. In correspondence attached as enclosure (3), the HQMC Officer Assignment Branch, Personnel Management Division (MMOA4) has commented to the effect that Petitioner request to remove his FY 2002 failure of selection has merit and warrants favorable action. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has the Performance Evaluation Review Board Date of Report -__- _____.__...

  • NAVY | BCNR | CY2001 | 03922-00

    Original file (03922-00.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 to show the lineal position, date of rank, and effective date in the grade of captain he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2000 Captain Selection Board, vice the FY 2001 Captain Selection Board. d. In correspondence attached as...

  • 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 | CY2001 | 07123-01

    Original file (07123-01.pdf) Auto-classification: Approved

    In correspondence attached as enclosure (3), the HQMC office having cognizance over the subject matter of Petitioner’s request to strike his failures of selection for promotion has commented to the effect that this request has merit and warrants favorable action. (3), this Headquarters provided Lieutenant th a copy of the Advisory Opinion contained at Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps DEPARTMENT OF THE...

  • NAVY | BCNR | CY2001 | 00764-00

    Original file (00764-00.pdf) Auto-classification: Approved

    Pursuant to 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 by the Fiscal Year requested that his 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 by the FY 2000 Lieutenant Colonel Selection Board, vice the FY Selection Board. d. In...

  • 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 | 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 | CY2001 | 03462-01

    Original file (03462-01.pdf) Auto-classification: Approved

    icial military record, (l), PERB removed from Lieutenant the fitness report for We defer to BCNR on the issue of Lieutenant Colone 2. request for the removal of his failure of selection to the grade of Colonel. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has the Performance Evaluation Review Board Date of Report Reporting Senior Period of Report 29 Aug 99 co1 980701 t0...