Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 04138-08
Original file (04138-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100

JSR
Docket No: 4138-08

7 August 2008

From: Chairman, Board for Correction of Naval Records
To: - secretary of the Navy

    

Subj: =—idomialiligies ah ;
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 8 Apr 08 w/attachments

(2) Copy of Subject’s fitness rept for
1 Aug 01 to 22 Apr 02

(3) HQMC MMPR memo dtd 29 May 08

(4) HQOMC MMOA-4 memo dtd 21 Jul 08

(5) 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 to show the lineal
position, date of rank, and effective date in the grade of major
he would have been assigned had he been selected for promotion
to that grade by the Fiscal Year (FY) 2008 Major Selection
Board, vice the FY 2009 Major Selection Board. He also
impliedly requested removing his failure of selection by the FY

2008 Major Selection Board.

2. The Board, consisting of Ms. Humberd and Messrs. Pfeiffer
and Zsalman, reviewed Petitioner’s allegations of error and

injustice on 7 August 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. The FY 2008 Major Selection Board, by which Petitioner
failed of selection in the promotion zone, convened on il
October 2006. Pursuant to the direction of the Headquarters
Marine Corps (HOMC) Performance Fvaluation Review, an adverse
fitness report (copy at enclosure (2)) was removed from his
record on 27 August 2007. This report was out of his record
when the FY 2009 Major Selection Board, which selected him above
the zone, convened on 5 September 2007. He was promoted to
major with a date of rank and effective date of 1 May 2008.

c. In correspondence at enclosure (3), the HOMC Officer
Promotion Section advised that 1 July 2007 is the date of rank
and effective date Petitioner would have been assigned, had he
been promoted pursuant to selection by the FY 2008 Major
Selection Board.

dad. In correspondence at enclosure (4), the HOMC Officer
Counseling and Evaluation commented to the effect that both
Petitioner’s express and implied requests have merit and warrant
favorable action. They specifically recommended adjusting his
major date of rank (and, by implication, effective date) to 1
July 2007, the date specified in enclosure (3).

CONCLUSION:

Upon review and consideration of all the evidence of record, and
especially in light of enclosures (3) and (4), the Board finds
an injustice warranting the following corrective action:

RECOMMENDATION:

a. That Petitioner’s naval record be corrected by removing
his failure of selection by the FY 2008 Major Selection Board.

b. That his naval record be corrected further to show his
date of rank and effective date in the grade of major as 1 July
2007, vice 1 May 2008; and that his lineal precedence be

adjusted accordingly.

ec. 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.

aces mes
DProretiin £. flrer a
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.

Similar Decisions

  • NAVY | BCNR | CY2009 | 05145-09

    Original file (05145-09.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 her naval record be corrected by removing the fitness report for 9 July 2002 to 27 January 2003, a copy of which is at Tab A. She further requested removing her failure of selection by the Fiscal Year (FY) 2008 Major Selection Board and adjusting the date of rank and effective date of her promotion to major...

  • 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 | CY2009 | 01238-09

    Original file (01238-09.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BJG Docket No: 1238-09 5 June 200609 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj:

  • NAVY | BCNR | CY2008 | 01799-08

    Original file (01799-08.pdf) Auto-classification: Approved

    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. 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 | CY2009 | 07334-09

    Original file (07334-09.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 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) 2009 Lieutenant Colonel Selection Board, vice the FY 2010 Lieutenant Colonel Selection Board. The...

  • NAVY | BCNR | CY2009 | 12160-09

    Original file (12160-09.pdf) Auto-classification: Approved

    The Board did not consider her request for remedial consideration, as she has been selected and promoted to. 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 or material be added to the record in the future. 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...

  • NAVY | BCNR | CY2009 | 07419-09

    Original file (07419-09.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 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) 2009 Lieutenant Colonel Selection Board, vice the FY 2010 Lieutenant Colonel Selection Board. The...

  • NAVY | BCNR | CY2009 | 00413-09

    Original file (00413-09.pdf) Auto-classification: Approved

    Copies of the ‘PERB memorandum directing that action and the two removed reports are at enclosure (2). He was selected by the FY 2008 Staff Sergeant Selection Board, the first board to consider him without the contested fitness reports, and promoted with a date of rank and effective date of 1 October 2008. d. In the advisory opinions at enclosure (3), MMPR-2, the HOMC Enlisted Promotion Section, recommends that relief be denied, as Petitioner did not exercise due diligence, and even his...

  • NAVY | BCNR | CY2014 | NR3482 14

    Original file (NR3482 14.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 to show the lineal position, date of rank, and effective date in the grade of major he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2013 Major Selection Board, vice the FY 2014 Major Selection Board. CONCLUSION: Upon review and consideration of...

  • NAVY | BCNR | CY2010 | 08712-10

    Original file (08712-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting that the date of rank and effective date of his promotion to captain be adjusted from 1 June 2008 to reflect selection by the Fiscal Year (FY) 2007 Captain Selection Board, rather than the FY 2009 Reserve Captain Selection Board. The Board, consisting of Messrs. Clemmons, Sproul and Washington, reviewed Petitioner's allegations of error and injustice on...