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. 1552
Encl: (1) DD Form 149 dtd 11 Mar 08 w/attachments
(2) HQMC MMER/PERB memo dtd 22 May 08
(3) HOMC MMOA-4 memo dtd 26 Jun 08
(4) Subj’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 fitness report for 3
March to 31 May 2005 (copy at Tab A). As indicated in enclosure
(2), the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board has directed this relief. He further requested
removing his failure of selection by the Fiscal Year (FY) 2009
Lieutenant Colonel Selection Board, 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.
Finally, he requested consideration by a special selection board
(SSB) .
2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed allegations of error and injustice on
17 July 2008, and pursuant to its regulations, determined that
limited 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 HOQMC
Officer Counseling and Evaluation Section Management Division
has commented to the effect that Petitioner’s failure of
seléction to lieutenant colonel should be removed.
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, removal of Petitioner’s failure of selection for
promotion.
The Board finds Petitioner’s SSB request should be denied. In
this regard, the Board notes that the FY 2010 Lieutenant Colonel
Selection Board is imminent (scheduled to convene on
3 September 2008); and it finds Petitioner’s consideration by
the upcoming regular selection board, with a corrected fitness
report record and status as not having failed of selection for
promotion, will provide him adequate relief.
In view of the foregoing, the Board directs the following
limited 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 in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
d. That the remainder of Petitioner’s request be denied.
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.
ASI FiO tb. butt
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.
RD. Aan
Fer_W. DEAN EIFFER
Executive Director
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