DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 3363-09
10 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: a See
REVIEW OF NAVAL RECORD (PARTIAL RECONSIDERATION)
Ref: . (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 24 Jun 08 w/attachments
(2) BCNR ltr JSR Docket No: 7860-08
dtd 18 Sep 08 w/enclosure
(3) HOMC MMER/PERB memo dtd 26 Mar 09
(4) HOMC MMOA-4 memo dtd 27 Mar 09
(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 that his
naval record be corrected by removing the fitness report for
5 January to 29 February 2000, a copy of which is at Tab A. As
shown in enclosure (2), the Board denied this request on
18 September 2008. As indicated in enclosure (3), the
Headquarters Marine Corps (HQMC) Performance Evaluation Review
Board (PERB) has directed removing this report. Petitioner
further requested removing his failures of selection by the
Fiscal Year (FY) 2009 and 2010 Major Selection Boards, so that
he will be considered by the selection board that next convenes
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. Because of the failures of selection for promotion, he
is scheduled to be involuntarily discharged from the Regular
Marine Corps on 1 August 2009.
2. The Board, consisting of Messrs. Fales, Grover and
Washington, reviewed allegations of error and injustice on
9 April 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 (4), the HQMC Officer Counseling and
Evaluation Section, Personnel Management Division has commented
to the effect that the PERB action warrants removing
Petitioner’s failures of selection to major.
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 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
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 failures of selection before the Fiscal Year 2009
and 2010 Major Selection Boards be cancelled and, if necessary,
that related documentation be removed from his record.
ec. 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 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.
A —— tT et
Dee OA
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.
\pws
Executive Di t
NAVY | BCNR | CY2009 | 08270-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BIG Docket No: 8270-09 14 August 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub] : “eee ar eet REVIEW OF NAVAL RECORD Ref: (a} Title 10 U.S.C. 1552: Encl: (1) DD Form 149 dtd 18 Mar 09 w/attachments (2) HQMC MMER/PERB memo dtd 26 Jun 09 (3) HOMC MMOA-4 memo dtd 21 Jul 09 (4) Subject’s naval record Pursuant to the provisions of reference-(a),...
NAVY | BCNR | CY2009 | 07625-09
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 modifying the fitness report for 1 June 2006 to 20 April 2007 by deleting, from section I (reporting senior’s “Directed and Additional Comments”), “Capable officer that at times allowed the dynamic nature of operations to impact his overall efficiency and effectiveness. In enclosure (3), the...
NAVY | BCNR | CY2009 | 01229-09
Documentary material considered by the Board consisted of the enclosures (except enclosure (2)), naval records, and applicable statutes, regulations and policies. 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...
NAVY | BCNR | CY2010 | 00065-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) wath this Board requesting, in effect, that the applicable naval record be corrected by removing the fitness report for 17 June to 19 July 2001, a copy of which is at Tab A. The Board, consisting of Ms. Nappo and Messrs. Fales and Sproul, reviewed Petitioner's allegations of error and injustice on 14 January 2010, and pursuant to its regulations, determined that the corrective...
NAVY | BCNR | CY2009 | 10410-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 10410-09 12 February 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: _ REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written _ application, enclosure (1), with this Board, in effect, that the applicable naval record be corrected to show...
NAVY | BCNR | CY2009 | 09788-09
In enclosure (3), MMOA-4, the HOMC Officer Counseling and Evaluation Section, commented to the effect that Petitioner's failures of selection to lieutenant colonel should not be removed, notwithstanding the PERB action, in view of the noncompetitive cumulative relative values in his fitness reports as a major, as well as a fitness report date gap. Notwithstanding enclosure (3), the Board finds Petitioner’s failures of selection to lieutenant colonel should be removed as well. b, That his...
NAVY | BCNR | CY2008 | 08949-08
The Board, consisting of Ms. Nofziger and Messrs. Boyd and Washington, reviewed Petitioner's allegations of error and injustice on 14 November 2008, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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...
NAVY | BCNR | CY2009 | 06939-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DO 20370-5100 . The Board, consisting of Ms. Wilcher and Messrs. Bowen and McBride, reviewed Petitioner's allegations of error and injustice on 9 July 2009, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In correspondence attached as enclosure (3), the HQMC office with cognizance over the subject matter of...
NAVY | BCNR | CY2009 | 08569-09
By enclosure (2), he amended his application, as it relates to the report for 1 May 2007 to 30 April 2008, to request that the report be modified, by removing section K (reviewing officer's marks and comments), rather than completely removed. The Board, consisting of Ms. LeBlanc and Messrs. Fales and Grover, reviewed Petitioner’s allegations of error and injustice on 20 August 2009, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the...
NAVY | BCNR | CY2009 | 09249-09
The Board, consisting of Messrs. Ivins, Vogt and Zsalman, reviewed Petitioner's allegations of error and injustice on 29 October 2009, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. ‘Enclosure (2), the report of the PERB, reflects that Petitioner's request concerning the report for 31 May to 9 September 2006 was granted, but comments to the effect that Petitioner’s request to modify the report for 5...