Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 02043-08
Original file (02043-08.rtf) Auto-classification: Approved
                 DEPARTMENT OF THE NAVY

                  BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
WASHINGTON DC 20370-51 00
        


        
JSR
Docket No: 2043-08
27 March 2008

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. 1552

End:     (1) DD Form 149 dtd 21 Feb 08 w/attachments
(2)      HQNC NMOA-4 memo dtd 24 Mar 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 removing his failure of selection for promotion before the Fiscal Year 2009 Lieutenant Colonel Selection Board, so as to be considered by the selection board next convened to consider officers of his category for promotion to lieutenant colonel as an officer who has not failed of selection for promotion to that grade.

2.       The Board, consisting of Mses. Humphrey and McCormick and Mr. Blanchard, reviewed Petitioner’s allegations of error and injustice on 27 March 2008, and pursuant to its regulations, determined that relief should be denied. 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 Headquarters Marine Corps office with cognizance over the subject matter of Petitioner’s case has commented to the effect his request has merit and warrants favorable action.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of enclosure (2), the Board finds an injustice warranting the following corrective action:

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected so that he will be considered by the earliest possible selection board convened to consider officers of his 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 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. 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 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.



                                                                                          W. DEAN PFEIFFER
                                                                                          Executive Director

Similar Decisions

  • NAVY | BCNR | CY2008 | 06568-08

    Original file (06568-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BJG Docket No: 6568-08 17 July 2008 Chairman, Board for Correction of Naval Records From: To: Secretary of the Navy Subj: =.= REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. 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 partial relief, specifically,...

  • NAVY | BCNR | CY2008 | 06201-08

    Original file (06201-08.pdf) Auto-classification: Approved

    “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 the original fitness reports for 22 February to 30 June 2002, 1 July to 9 December 2002 and 10 December 2002 to 30 March 2003, and filing in their place revised reports for the same periods. In correspondence attached as enclosure (3), the HOMC Officer Counseling and Evaluation...

  • NAVY | BCNR | CY2008 | 08949-08

    Original file (08949-08.pdf) Auto-classification: Approved

    The Board, consisting of Ms. Nofziger and Messrs. Boyd and Washington, reviewed Petitioner's allegations of error and injustice on 14 November 2008, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. c. In enclosure (3), the HQMC office with cognizance over the subject matter concerned commented to the effect that the PERB action warranted removing Petitioner’s failure of selection by the FY 2009...

  • NAVY | BCNR | CY2008 | 07687-08

    Original file (07687-08.pdf) Auto-classification: Approved

    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 modifying the fitness report for 25 September 1998 to 30 June 1999 (copy at Tab A) to remove the following from section K.4 (reviewing officer comments): “Recent challenges for this Officer [sic] reveal that he has the strength and skills to exceed, when given direction, what he...

  • NAVY | BCNR | CY2008 | 04861-08

    Original file (04861-08.pdf) Auto-classification: Approved

    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 removing his failures of selection by the Fiscal Year 2007, 2008 and 2009 Reserve Lieutenant Colonel Selection Boards and his last four years in the Individual Ready Reserve (IRR) that had been counted as unsatisfactory. CONCLUSION: Upon review and consideration of all the evidence...

  • 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...

  • 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 | 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 | CY2008 | 01475-08

    Original file (01475-08.pdf) Auto-classification: Approved

    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. The Board, consisting of Ms. Wilcher and Messrs. Bowen and Novello, reviewed Petitioner’s allegations of error and injustice on 1...

  • NAVY | BCNR | CY2006 | 09712-06

    Original file (09712-06.rtf) 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 his naval record be corrected by removing his failures of selection by the Fiscal Year (FY) 2007 and 2008 Lieutenant Colonel Selection Boards, so as to be considered by the selection board that next convenes to consider officers of his category for promotion to the grade of lieutenant colonel as an officer who has not failed of selection...