DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 6201-08
3 July 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj = S cwaenvan onl Op ee eee RCL TE LTE Or: WER ee
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Ene: (1) DD Forms 149 (3) dtd 5 Feb and 13
and 29 May 08, each w/attachments
(2) HQMC MMER/PERB memo dtd 5 Jun 08
(3) HOMC MMOA-4 memo dtd 20 Jun 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 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.
Copies of the original reports in question are at Tabs A, B and
C, respectively. Copies of the revised reports are in enclosure
(1) at Tabs A, B and C, respectively. As indicated in enclosure
(2), the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board has directed the requested correction of
Petitioner’s fitness report record. He further requested
removing his failures of selection by the Fiscal Year (FY) 2007,
2008 and 2009 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
to that grade.
2. .The Board, consisting of Messrs. Dunn, Pfeiffer and Storz,
reviewed allegations of error and injustice on 2 July 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. 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
to remove his failures of selection to lieutenant colonel has
merit and warrants favorable action.
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 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 or material 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 ina
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.
puaeBin ¢, AoAer~
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.
W. DEAN PFE
Executive Di
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