DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8846-08
13 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: i i il
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 8 May 08 w/attachment
(2) HOMC MMER/PERB memo dtd 28 Aug 08
(3) HOMC MMOA-4 memo dtd 11 Sep 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 fitness report for
1 August 1997 to 3 June 1998 (copy at Tab A in enclosure (1)).
As indicated in enclosure (2), the Headquarters Marine Corps
(HOMC) Performance Evaluation Review Board has directed removing
this report. He also impliedly requested removing his failure
of selection by the Fiscal Year (FY) 2009 Lieutenant Colonel
Selection Board. He was selected by the FY 2010 Lieutenant
Colonel Selection Board.
2. The Board, consisting of Messrs. Butherus, Fales and
Rothlein, reviewed allegations of error and injustice on
12 February 2009, 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 enclosure (3), the HQMC Officer Counseling and
Fvaluation Section, Personnel Management Division commented to
the effect that Petitioner’s request to remove his failure of
selection by the FY 2009 Lieutenant Colonel Selection Board 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 by removing
his failure of selection by the FY 2009 Lieutenant Colonel
Selection Board.
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 1s 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.
HMinrwnte &. [Et we
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.
SN “Euan
72 W. DE FEILFFER
Executive Director
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