DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 4861-08
26 June 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: 44 sa pe ae
REVIEW OF NAVALT, RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 6 May 08 w/attachment
and Subject’s e-mail dtd 25 Jun 08
(2) HOMC CMT memo dtd 16 Jun 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
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. By his e-mail also at enclosure (1),
2. The Board, consisting of Mses. Humphrey and Mann and Mr. J.
Hicks, reviewed Petitioner’s allegations of error and injustice
on 26 June 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. They specifically
recommended correcting his record to show ISL status from 6
March 2003 to 1 October 2007.
c. The FY 2007, 2008 and 2009 Reserve Lieutenant Colonel
Selection Boards convened on 18 January 2006, 17 January 2007
and 23 January 2008, respectively.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds ‘an error
and injustice warranting the full relief requested. The Board
agrees with enclosure (2) in finding Petitioner should have been
on the ISL from 6 March 2003 to 1 October 2007. Had he been on
the ISL during that period, he would not have been eligible to
be considered by any of the promotion boards by which he failed
of selection: the FY 2007 and 2008 boards convened when he
would have been on the ISL and, therefore, ineligible for
consideration; and the FY 2009 board convened less than a year
after the date he would have been removed from the ISL, so he
would have remained ineligible. In view of the above, the Board
directs the following corrective action:
RECOMMENDATION:
b. That his 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 lieutenant
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.
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.
\K ,
Executive or
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