DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 7687-08
14 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: j mia se is
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 27 Mar 08
(2) HQMC MMER/PERB memo dtd 10 Jun 08
(3) HQMC MMOA-4 memo dtd 28 Jul 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, in
effect, that his naval record be corrected by modifying the
fitness report for 25 September 1998 to 30 June 1999 (copy at
Tab A) to remove the following from section K.4 (reviewing
officer comments): “Recent challenges for this Officer [sic]
reveal that he has the strength and skills to exceed, when given
direction, what he expects of himself.” and “but will need to
improve his people skills as he takes on the responsibilities of
a Captain [sic] in the Fleet.” 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 officers of his category for promotion to lieutenant
colonel as an officer who has not failed of selection for
promotion to that grade.
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:
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 (3), 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 has merit and warrants favorable
action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (3), the Board finds 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 be added to the record in the future.
ec. 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.
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.
AR at
ew W. Set
Executive Director
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