DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 8128-08
2 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: ee Ser cee a re
EW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 11 Aug 08 w/attachments
(2) Subject’s pun ltr of reprimand dtd 25 Mar 02
(3) Subject’s fitrept for 1 Aug 01 (beginning date
changed to 1 Dec 01) to 31 May 02
(4) HOMC MMOA-4 memo dtd 19 Sep 08
(5) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting that his naval record be corrected by
removing his failure of selection before the Fiscal Year (FY)
2009 Major Selection Board, so as to be considered by the
selection board that next convened to consider officers of his
category for promotion to the grade of major as an officer who
has not failed of selection to that grade.
2. The Board, consisting of Messrs. Fales, J. Hicks and Ivins,
reviewed Petitioner's allegations of error and injustice on 2
‘October 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 available under existing law and
regulations within the Department of the Navy.
b. After Petitioner had failed of selection by the FY 2009
Major Selection Board, he successfully petitioned this Board for
removal of enclosure (2) and the Headquarters Marine Corps
(HOMC) Performance Fvaluation Review Board (PERB) for removal of
enclosure (3).
c. In enclosure (4), the HOMC office with cognizance over
the subject matter concerned commented to the effect that the
actions by this Board and the PERB warranted removing
Petitioner's failure of selection by the FY 2009 Major Selection
Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (4), the Board
finds the existence of an injustice warranting the following
corrective action:
RECOMMENDATION :
a. That Petitioner's 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 major as an
officer who has not failed of selection for promotion to that
grade.
b. That any discharge or other action based in any way on
Petitioner’s failure of selection before the FY 2009 Major
Selection Board be cancelled and, if necessary, that related
documentation be removed from his record.
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 or material 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 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.
DWV 4 v wef . JEVaga4wn
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. DI
Executive Di
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