DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 00989-08
7 February 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub): seo eae a
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 24 Sep 07 w/attachments
(2) HQMC MMER/PERB memos dtd 23 Jan 08 and undtd
(3) HOMC MMOA-4 memo dtd 23 Jan 08
(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 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. As indicated in enclosure (2), the Headquarters Marine
Corps (HOQMC) Performance Evaluation Review Board (PERB) has
directed the following changes as Petitioner requested: raise
the marks in sections D.2 (“Proficiency”), E.2 (“Effectiveness
under Stress”) and F.2 (“Developing Subordinates”) from “D”
(fourth best of seven possible marks) to “E” (third best) and
section K.3 (reviewing officer's “Comparative Assessment”) from
the fifth best of eight possible marks to the fourth best.
Petitioner further requested removing his failure of selection
before the FY 2008 Lieutenant Colonel Selection Board, so as to
be considered by the selection board that next convened 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. After he had submitted his application, he also
failed of selection by the FY 2009 Lieutenant Colonel Selection
Board. It is presumed he requests removing that failure of
selection as well.
2. The Board, consisting o ta cas a
reviewed Petitioner's allegations of error and injustice on 7
February 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. In correspondence attached as enclosure (3), the HOMC
Officer Counseling and Evaluation Section has commented to the
effect that the PERB action warrants removing Petitioner's FY
2008 and 2009 failures of selection.
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.
RECOMMENDATION :
a. That Petitioner's record be corrected so that will be
considered by the earliest possible selection board convened to
consider officers of 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. 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.
Porn Fie 4.447
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. ‘S
Reane
Executive Dir
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