DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 7411-08
14 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj Perea ee is, a
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 18 Apr 08
(2) HQMC MMER/PERB memo dtd 26 Jun 08
(3) HQMC MMOA-4 memo dtd 14 Jul 08
(4) Subject’s ltr dtd 13 Aug 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 by modifying the
fitness report for 1 June 2006 to 30 June 2007 (copy at Tab A)
by raising the mark in section K.3 (reviewing officer's
“Comparative Assessment”) from the fifth best of eight possible
marks to the fourth best. 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 for promotion before the Fiscal Year
(FY) 2009 Lieutenant Colonel Selection Board, so as to be
considered by the selection board next convened to consider
2. The Board, consisting of Ms. Humphrey and Messrs. W. Hicks
and Swarens, reviewed Petitioner’s allegations of error and
injustice on 14 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:
b. Enclosure (1) was filed ina timely manner.
c. In correspondence at enclosure (3), MMOA-4, the HOMC
office with cognizance over the subject matter of Petitioner’s
case, has commented to the effect his request to remove his
failure of selection to lieutenant colonel should be denied,
even though the correction to his record marginally enhances its
strength, as he has not held an operational billet in his
primary MOS (military occupational specialty) for more than six
years, so he “has no observed time in the operating forces in
his current grade.” MMOA-4 concludes this makes it highly
unlikely that he would have been selected if his fitness report
had been corrected before the FY 2009 Lieutenant Colonel
Selection Board considered him.
d. Enclosure (4) is Petitioner’s response to the advisory
opinion from MMOA-4, stating he is aware of other officers
selected by the FY 2009 Lieutenant Colonel Selection Board whose
career paths were similar to his. He asserted that the downward
trend in his reviewing officer marking would have disadvantaged
him, and he reiterated his request to restore him to status as
an officer who has not failed of selection for promotion.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
notwithstanding enclosure (3), the Board finds an injustice
warranting removal of Petitioner’s failure of selection to
lieutenant colonel. In this regard, the Board declines to
engage in speculation as to whether he might have been selected
for promotion, had he enjoyed the benefit of a corrected fitness
report record. Further, the Board notes that promotion boards
ought not to hold against an officer that officer’s not having
had a particular type of duty assignment. In view of the above,
the Board recommends 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 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.
4. 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.
BUnC8A brah
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
W. DEAN PFEIF
Reviewed and approved:
Qa. ca.
S- 15-48
NAVY | BCNR | CY2008 | 00366-08
After he had submitted his application, he also failed of selection by the FY 2009 Lieutenant Colonel Selection Board. Enclosure (2) is the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) in Petitioner’s case. In correspondence attached as enclosure (3), the HQMC Officer Counseling and Evaluation Section (NNOA-4) commented to the effect that the PERB action did not support removing Petitioner’s failure of selection by the FY 2008 Lieutenant Colonel...
NAVY | BCNR | CY2008 | 00989-08
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 by modifying the fitness report for 20 August 2005 to 28 February 2006, a copy of which is at Tab A, in accordance with letters to the Fiscal Year (FY) 2009 Lieutenant Colonel Selection Board from the reporting senior and reviewing officer. The Board, consisting o ta cas a reviewed Petitioner's...
NAVY | BCNR | CY2009 | 09788-09
In enclosure (3), MMOA-4, the HOMC Officer Counseling and Evaluation Section, commented to the effect that Petitioner's failures of selection to lieutenant colonel should not be removed, notwithstanding the PERB action, in view of the noncompetitive cumulative relative values in his fitness reports as a major, as well as a fitness report date gap. Notwithstanding enclosure (3), the Board finds Petitioner’s failures of selection to lieutenant colonel should be removed as well. b, That his...
NAVY | BCNR | CY2008 | 08949-08
The Board, consisting of Ms. Nofziger and Messrs. Boyd and Washington, reviewed Petitioner's allegations of error and injustice on 14 November 2008, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. c. In enclosure (3), the HQMC office with cognizance over the subject matter concerned commented to the effect that the PERB action warranted removing Petitioner’s failure of selection by the FY 2009...
NAVY | BCNR | CY2009 | 10410-09
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 | CY2008 | 06568-08
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. 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,...
NAVY | BCNR | CY2007 | 09077-07
By letter dated 7 June 2005, the Commandant of the Marine Corps (CMC) recommended to the Secretary of the Navy (SECNAV) that Petitioner’s name be withheld from the FY 2006 Colonel Promotion List. This advisory stated he was withheld from the FY 2006 promotion list because of the adverse fitness report (which had not yet been removed), and that without the report, his record is “obviously competitive.” Petitioner was not considered by the FY 2007 Colonel Selection Board. p. Enclosure (15)...
NAVY | BCNR | CY2009 | 01229-09
Documentary material considered by the Board consisted of the enclosures (except enclosure (2)), naval records, and applicable statutes, regulations and policies. The Board finds Petitioner’s FY 2009 and 2010 failures should be removed as well, since the marks cited above were in his record for both of the promotion boards concerned, and removing all failures is necessary to restore Petitioner to the status he enjoyed, before the FY 2008 Lieutenant Colonel Selection Board, as an officer who...
NAVY | BCNR | CY2004 | 05489-04
As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has modified the report as Petitioner requested. He also failed of selection before the FY 2003 Lieutenant Colonel Selection Board, however, he is not requesting removal of this failure of selection because the fitness report that includes the contested “Comparative Assessment” was not in his record for that promotion board.2. Documentary material considered by the Board consisted...
NAVY | BCNR | CY2009 | 01238-09
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: