DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100
JSR
Docket No: 01475-08
1 May 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 1 Feb 08 w/attachments
(2) HQOMC CMT memo dtd 24 Apr 08
(3) Subject’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, in
effect, that his naval record be corrected by changing the date
of his transfer from the Inactive Status List (ISL) to the
Reserve Active Status List (RASL) from 10 October 2006 to 4
January 2007. He also requested removing his failures.of
selection for promotion before the Fiscal Year 2007, 2008 and
2009 Reserve Colonel Selection Boards, so as to be considered by.
the selection board next convened to consider officers of his
category for promotion to colonel as an officer who has not
failed of selection for promotion to that grade.
2. The Board, consisting of Ms. Wilcher and Messrs. Bowen and
Novello, reviewed Petitioner’s allegations of error and
injustice on 1 May 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 which were available under existing law
and regulations within the Department of the Navy.
b. In correspondence at enclosure (2), the HOMC office with
cognizance over the subject matter of Petitioner’s case has
commented to the effect it has merit and warrants favorable
action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the comments contained in 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 by changing
the date of his transfer from.the ISL to the RASL from 10
October 2006 to 4 January 2007; and that his anniversary date be
adjusted accordingly.
b. That his naval record be corrected further so that he
will be considered by the earliest possible selection board
convened to consider officers of his category for promotion to
colonel as an officer who has not failed of selection for
promotion to that grade.
c. 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 be added to the record in the future.
d. 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.
2 a & “7 ae
OM EAA en “ OL oe pe
J
ROBERT D. ZSALMAN ONATHAN 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 732.6(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.
Te. ADdWW~e
ROBERT D. SALMAN.
Acting Executive Director
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