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.
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