DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 4895-07
21 November 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: os a
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 9 May 07 w/attachments
(2) HOMC CMT memo dtd 27 Oct 08 w/encls
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting that his
naval record be corrected by removing his failures of selection
by the Fiscal Year (FY) 2005, 2006, 2007 and 2008 Reserve
Lieutenant Colonel Selection Boards. He also impliedly
requested setting aside action to effect his involuntary
discharge from the Marine Corps Reserve on 1 January 2009 by
reason of the failures of selection and his years of
commissioned service.
2. The Board, consisting of Messrs. W. Hicks, Ivins and
Swarens, reviewed allegations of error and injustice on
20 November 2008, and pursuant to its regulations, determined
that relief should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. In correspondence attached as enclosure (2), the
Headquarters Marine Corps Career Management Team has commented
to the effect that Petitioner’s request has merit and warrants
favorable action, as he should have been placed on the Inactive
Status List (ISL) on 16 September 2001, which would have made
him ineligible for promotion consideration.
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 error and injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show he
was transferred to the ISL on 16 September 2001.
b. That his record be corrected further by removing his
failures of selection by the FY 2005, 2006, 2007 and 2008
Reserve Lieutenant Colonel Selection Boards.
c. That any discharge or other action based in any way on
his failures of selection by the FY 2005, 2006, 2007 and 2008
Reserve Lieutenant Colonel Selection Boards be cancelled and, if
necessary, that related documentation be removed from his
record.
d. 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.
e. 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.
A pases f
Oa of. a
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.
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Fo:_W. DEAN PFEIFFER
Executive Director
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