DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TSR
Docket No: 3400-09
30 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 26 Mar 09 w/attachments
(2) HOMC MMOA-4 memo dtd 27 Apr 09
(3) 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
failure of selection for promotion before the Fiscal Year (FY)
2010 Lieutenant Colonel Selection Board, 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.
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 which were available under existing law
and regulations within the Department of the Navy.
b. In correspondence at enclosure (2), the Headquarters
Marine Corps office with cognizance over the subject matter of
Petitioner’s case has commented to the effect his request has
merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds an error
and 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
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.
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.
POAEN of (Cant w
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
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 732.6(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.
Executive Dikecow
J
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