DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 1229-09
25' June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
. Encl; DD Form 149 dtd 18 May 07 w/attachments
HOMC MMER/PERB memo dtd 15 Jun 09
HOMC MMER/PERB memo dtd 13 Aug 07
HQOMC MMOA-4 memo dtd 28 Sep 07
Memo for record dtd 9 Feb 09—
Subject’s naval record
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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 July 2001 to 7 January 2002, a copy of which is at Tab A.
Enclosure (2) shows that the Headquarters Marine Corps (HQMC}
. Performance Evaluation Review Board (PERB) has directed
removing this report. He also impliedly requested removing his
failure of selection by the Fiscal Year (FY) 2008 Lieutenant
Colonel Selection Board, so that he would be considered by the
selection board that next convened to consider officers of his
category for promotion to the grade of lieutenant colonel as an
officer who had not failed of selection to that grade. After
"he had submitted his application, he also failed of selection
by the FY 2009 and 2010 Lieutenant Colonel Selection Boards.
It is presumed he desires removing all his failures of
selection to lieutenant colonel.
2. ‘The Board, consisting of Messrs. Koman, Leeman and Shy,
reviewed allegations of error and injustice on 10 February
2009, and pursuant to its regulations, determined that relief
should be granted. Documentary material considered by the
Board consisted of the enclosures (except enclosure (2)), naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed ali 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. As shown in enclosure (3), the HQOMC PERB initially
directed modifying the contested fitness report by removal of
the following comments from section I (reporting senior (RS)'s
“Directed and Additional Comments”): “At times, in multi-
tasking environment, becomes distracted by inconsequential
matters/information. In handling simultaneous missions,
ability to translate intent into completed action requires more
concerted attention on mission analysis, subsequent
prioritization - focus on desired endstate [sic].” The PERB
also directed removing the following from section K.4
(reviewing officer (RO) comments): “while his RS accurately
‘points out challenges in the area of focus and prioritization,
he has worked hard to learn and grow.”
c, In enclosure (4), the HOMC Officer Counseling and
Evaluation Section, Manpower Management Division has commented
to the effect that the fitness report modifications initially
directed by the PERB warranted removing Petitioner’s failure of
selection by the FY 2008 Lieutenant Colonel Selection Board,
although his record “contained other areas of competitive
concern (specifically, his marginal MOS [military occupational
specialty] credibility as a Major [sic] at the time of the [FY
2008 Lieutenant Selection] Board and the low relative vaiue and
RO comparative assessment for the petitioned report.”
d. Enclosure (5) verifies Petitioner's fitness report
record before the FY 2009 and 2010 Lieutenant Colonel Selection
Boards reflected the modifications initially directed by the
PERB.
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 full
relief.
' The Board finds Petitioner’s failure of selection by the FY
2008 Lieutenant Colonel Selection Board should be removed in
concurrence with enclosure (4), which concluded that the
initial PERB action supported removing that failure. The Board
2
further notes that enclosure (4) cited the low marks in the
report at issue as a factor that harmed his competitiveness for
promotion.
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 had not failed of selection.
In view of the above, the Board directs 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 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.
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
3
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.
\ps 7
Executive Dir
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