Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 00366-08
Original file (00366-08.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
        
         JSR
 Docket No. 00366-08
          13      March 2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj:   


REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 5 Jun 07
 (2)      HQMC MMER/PERB memo dtd 10 Dec 07
(3)      HQMC MMOA-4 memo dtd 19 Dec 07
(4)      HQMC MMOA-4 e-mail dtd 4 Mar 08
(5)      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 the applicable naval record be corrected by removing the fitness report for 21 May 2005 to 11 May 2006, a copy of which is at Tab A. He further requested removal of his first above-zone failure of selection, before the Fiscal Year (FY) 2008 Lieutenant Colonel Selection Board. After he had submitted his application, he also failed of selection by the FY 2009 Lieutenant Colonel Selection Board. It is presumed he wishes to remove that failure of selection as well.
2.       The Board, consisting of Messrs. W. Hicks, Swarens and Zsalman, reviewed Petitioner’s allegations of error and injustice on 13 March 2008, and pursuant to its regulations, determined that the corrective action indicated below should be taken on 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.       Enclosure (2) is the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) in Petitioner’s case. The PERB commented to the effect that the contested fitness report should not be removed completely, as Petitioner had requested, but modified. The PERB directed removing, from section I (reporting senior’s “Directed and Additional Comments”), “Safe, responsible, risk-averse performer in the air and on the ground.” The PERB did not consider Petitioner’s case until 5 December 2007, after the FY 2009 Lieutenant Colonel Selection Board had convened on 5 September
 2007.
c.       In correspondence attached as enclosure (3), the HQMC Officer Counseling and Evaluation Section (NNOA-4) commented to the effect that the PERB action did not support removing Petitioner’s failure of selection by the FY 2008 Lieutenant Colonel Selection Board., as his selection would have been unlikely in any event; but in enclosure (4), NNOA-4 concluded that this action did support removing his failure of selection by the FY 2009 Lieutenant Colonel Selection Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, especially in light of enclosures (2) and (4), and notwithstanding enclosure (3), the Board finds an injustice warranting partial relief, specifically, removal of both contested above-zone failures of selection to lieutenant colonel. The Board is not satisfied that Petitioner’s selection by the FY 2008 Lieutenant Colonel Selection Board would have been definitely unlikely, had his record been corrected. In view of the above, the Board recommends the following limited corrective action:
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected by removing his above-zone failures of selection by the FY 2008 and 2009 Lieutenant Colonel Selection Boards, leaving in his record his in-zone 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.


d.       That the remainder of Petitioner’s request be denied.
4. 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. The foregoing report of the Board is submitted for your review and action.



                                                                                 W. DEAN PFEIFFER
                                                                                  Executive Director





Reviewed and approved:




Similar Decisions

  • NAVY | BCNR | CY2009 | 09788-09

    Original file (09788-09.pdf) Auto-classification: Approved

    In enclosure (3), MMOA-4, the HOMC Officer Counseling and Evaluation Section, commented to the effect that Petitioner's failures of selection to lieutenant colonel should not be removed, notwithstanding the PERB action, in view of the noncompetitive cumulative relative values in his fitness reports as a major, as well as a fitness report date gap. Notwithstanding enclosure (3), the Board finds Petitioner’s failures of selection to lieutenant colonel should be removed as well. b, That his...

  • NAVY | BCNR | CY2009 | 01229-09

    Original file (01229-09.pdf) Auto-classification: Approved

    Documentary material considered by the Board consisted of the enclosures (except enclosure (2)), naval records, and applicable statutes, regulations and policies. The Board finds Petitioner’s FY 2009 and 2010 failures should be removed as well, since the marks cited above were in his record for both of the promotion boards concerned, and removing all failures is necessary to restore Petitioner to the status he enjoyed, before the FY 2008 Lieutenant Colonel Selection Board, as an officer who...

  • NAVY | BCNR | CY2009 | 10410-09

    Original file (10410-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 10410-09 12 February 2010 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. 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 | CY2007 | 09077-07

    Original file (09077-07.pdf) Auto-classification: Approved

    By letter dated 7 June 2005, the Commandant of the Marine Corps (CMC) recommended to the Secretary of the Navy (SECNAV) that Petitioner’s name be withheld from the FY 2006 Colonel Promotion List. This advisory stated he was withheld from the FY 2006 promotion list because of the adverse fitness report (which had not yet been removed), and that without the report, his record is “obviously competitive.” Petitioner was not considered by the FY 2007 Colonel Selection Board. p. Enclosure (15)...

  • 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 | 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 | CY2008 | 07411-08

    Original file (07411-08.pdf) Auto-classification: Approved

    The Board, consisting of Ms. Humphrey and Messrs. W. Hicks and Swarens, reviewed Petitioner’s allegations of error and injustice on 14 August 2008, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. c. In correspondence at enclosure (3), MMOA-4, the HOMC office with cognizance over the subject matter of Petitioner’s case, has commented to the effect his request to remove his failure of selection to...

  • 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 | CY2004 | 05489-04

    Original file (05489-04.rtf) Auto-classification: Approved

    As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has modified the report as Petitioner requested. He also failed of selection before the FY 2003 Lieutenant Colonel Selection Board, however, he is not requesting removal of this failure of selection because the fitness report that includes the contested “Comparative Assessment” was not in his record for that promotion board.2. Documentary material considered by the Board consisted...

  • NAVY | BCNR | CY2008 | 00989-08

    Original file (00989-08.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 modifying the fitness report for 20 August 2005 to 28 February 2006, a copy of which is at Tab A, in accordance with letters to the Fiscal Year (FY) 2009 Lieutenant Colonel Selection Board from the reporting senior and reviewing officer. The Board, consisting o ta cas a reviewed Petitioner's...