DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
. JSR
Docket No: 2319-09
4 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: 3 8
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: {1} DD Form 149 dtd 10 Mar 09 w/attachment
» {2) Fitness rept for 1 Jun 03 to 31 May 04
(3) HOMC MMOA-4 memo dtd 6 Apr 09
(4) Subject’s ltrs dtd 21 Apr 09,
30 May 09 w/encls and 1 Jun 09 w/encl
(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 removing his
failures of selection before the Fiscal Year (FY) 2008 and 2009
Lieutenant Colonel Selection Boards, 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. After
having submitted his application, he also failed of selection by
the FY 2010 Lieutenant Colonel Selectton Board. It is presumed
he desires removing that failure of selection as well. —
2. The Board, consisting of Mses. Colbert, LeBlanc and Prevatt,
reviewed Petitioner’s allegations of error and injustice on 4
June 2009, and pursuant to its regulations, determined that the
aorrective 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. Enclosure (1) was filed in a timely manner.
c. On 15 May 2008, after Petitioner had failed of selection
by the FY 2008 and 2009 Lieutenant Colonel Selection Boards, he
applied for correction of his fitness report record. By letter
of 13 August 2008, the Headquarters Marine Corps (HOMC)
Performance Evaluation Review Board advised Petitioner they had
granted his request, to remove the fitness report for 1 June
2003 to 31 May 2004 (copy at enclosure (2)) and modify the
report for 29 September to 10 December 1999 (copy at Tab A) by
removing, from section I (reporting senior’s “Directed and
Additional Comments”), “SNO [subject named officer] has
unrealized potential.” and removing, from section K.4 (reviewing
officer's comments), “Second tour aviator that did not upgrade
to TPC [topographic production capability], due to requesting
orders to OSO [officer selection officer] duty." His record was —
corrected before the FY 2010 Lieutenant Colonel Selection Board
convened, however, he failed of selection once again.
d. The advisory opinion at enclosure (3) recommended that
Petitioner's request be denied, as his selection to lieutenant
colonel would have been definitely unlikely in any event. That
opinion stated the removed fitness report “represented
[Petitioner’s] only key MOS [military occupational specialty]
department head time as a Major prior to the FY08 and FYO9
Promotion Boards.” and added “Without that key billet his MOS
credibility rests solely on his previous billet experience as
the Aircrew Training Officer, a supporting role to the
Operations department, where he was evaluated with a Relative
Value below average. The remainder of his time as a Major was
spent in the Officer Recruiting field and would not enhance his
aviator’s competitiveness.” Finally, the opinion stated
Petitioner did not exercise due diligence in correcting a two-
month date gap in his fitness reports and a missing
administrative certificate.
e. Enclosure (4), Petitioner’s reply to the advisory
opinion, maintains his belief that he might well have been
competitive for promotion when he was first considered for
promotion, but for the fitness report that has been removed. He
contended that the two-month date gap and the lack of Forward
Air Controller MOS designation, by reason of a lost certificate,
“were most certainly completely inconsequential as to [his]
being passed over.” He provided letters on his behalf from
seven officers to the upcoming FY 2011 Lieutenant Colonel
Selection Board. One of these, from the reporting senior who
submitted the fitness report for 2 May 2002 to 31 May 2003 to
which the advisory opinion alludes, states it was an “oversight”
on his part that the report reflects a below average Relative
Value.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
notwithstanding enclosure (3), the Board finds an injustice
warranting the requested relief. The Board is unwilling to
speculate that Petitioner's selection would have been definitely
unlikely, even with a corrected fitness report record. The
Board notes that his failure of selection by the FY 2010
Lieutenant Colonel Selection, before which his record had been
corrected, must be removed to restore him to his status before
the FY 2008 promotion board as an officer who had not failed of
selection. 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.
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 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.
DuUeGasd 9 [PP
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder , Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
o~
lo’
W. DEAN PFEIPF
Reviewed and approved:
Qar™ Ca
GQ-NS- OD
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