DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 2457-09
30 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : J in
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: DD Form 149 dtd 25 Feb 09 w/attachments
)
) Subject’s fitrept for 1 Feb to 4 Apr 06
) HQMC MMOA-4 memo dtd 2 Apr 09
) 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 Captain 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 captain as an officer who
has not failed of selection to that grade. He further impliedly
requested, in the event of his failure of selection by the FY
2010 Captain Selection Board, convened on 21 January 2009,
removing that failure of selection as well and setting aside
action to effect his discharge by reason of having twice failed
of selection to captain.
2. The Board, consisting of Ms. Humberd and Messrs. Bowen and
Zsalman, reviewed Petitioner's allegations of error and
injustice on 30 April 2009, 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
Captain Selection Board and the FY 2010 Captain Selection Board
had convened, the Headquarters Marine Corps (HOQMC) Performance
Evaluation Review Board (PERB) directed removing the adverse
fitness report at enclosure (2).
c. In enclosure (3), the HQMC office with cognizance over
the subject matter concerned commented to the effect that the
PERB action warranted removing Petitioner’s failure of selection
by the FY 2009 Captain Selection Board and, if he fails of
selection by the FY 2010 Captain Selection Board, removing that
failure of selection as well.
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 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 captain 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 Captain
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 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.
CO Yoel Lay a iw OLB,
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.
f
\. Se ed
W. DEAN PPRELPF
Executive EAPeER
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