DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1799-08
16 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj: iii
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 4 Feb 08 w/attachments
(2) BCNR rept Docket No: 3129-06 dtd 16 Jun 06
less encls
(3) HQOMC MMOA-4 memo dtd 25 Mar 08
(4) 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, in effect, that the
applicable naval record be corrected to show the lineal
position, date of rank, and effective date in the grade of
lieutenant colonel he would have been assigned had he been
selected for promotion to that grade by the Fiscal Year (FY)
2007 Lieutenant Colonel Selection Board, vice the FY 2008
Lieutenant Colonel Selection Board.
2. The Board, consisting of Messrs. Fales, Silberman and
Spooner, reviewed allegations of error and injustice on
10 September 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. After the FY 2007 Lieutenant Colonel Selection Board had
convened, the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board directed modifying two of Petitioner’s
fitness reports. He failed of selection. As indicated in
enclosure (2), this Board directed removing the FY 2007 failure.
Petitioner was then selected by the FY 2008 Lieutenant Colonel
Selection Board and promoted with a date of rank and effective
date of 1 June 2007.
c. In correspondence attached as enclosure (3), the HOMC
Officer Counseling and Evaluation Section, Personnel Management
Division has commented to the effect that Petitioner’s request
has merit and warrants favorable action. The advisory opinion
specifically recommends adjusting his lieutenant colonel date of
rank and effective date to 1 January 2007.
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, where
appropriate, to show his date of rank and effective date in the
grade of lieutenant colonel as 1 January 2007, vice 1 June 2007;
and that his lineal precedence be adjusted accordingly.
b. That any material or entries inconsistent with 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 a copy of this Report of Proceedings be filed at an
appropriate location in Petitioner’s naval record, and that
another copy of this report be returned to this Board, together
with any material directed to be removed from Petitioner’s
record, for retention in a confidential file maintained for such
purpose.
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.
\Sduad
W. DEAN PFET
Executive Dir r
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