DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8144-07
15 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: 3 Preece in eee aa
REVIEW OF NAVAL RECORD~
Ref: {a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 8 May 07 w/attachment
(2) HQOMC MMER/PERB memo dtd 27 Aug 07
(3) HQMC MMOA-4 memo dtd 4 Sep 07
(4) Subj’s naval record
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 certain comments from
section K (reviewing officer’s marks and comments) of the
fitness report for 1 November 1999 to 31 May 2000 (copy at Tab
A). Enclosure (2) shows the Headquarters Marine Corps (HOMC)
Performance Evaluation Review Board has directed removing the
entire section K. In the absence of anything to the contrary
from Petitioner, it is presumed he considers their action
acceptable. Petitioner further requested removing his failure
of selection by the Fiscal Year (FY) 2008 Major Selection Board.
2. The Board, consisting of Ms. Humphrey and Messrs. W. Hicks
and Swarens, reviewed allegations of error and injustice on
14 August 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. Petitioner was selected, with a corrected fitness report
record, by the FY 2009 Major Selection Board and promoted to
major with a date of rank and effective date of 1 May 2008.
c. In correspondence attached as 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 by removing
his failure of selection by the FY 2008 Major 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 ina
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.
\oDons ).
W. DEAN PFE
Executive Di t
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