DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-8100
BUG
Docket No: 5145-09
11 December 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: Aaitieii—i/iepbieiilidie OS) Gaeeaelile
REVIEW OF NAVAL RECORD —
Ref; (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 15 Jan 08 w/attachments
(2) HOMC MMER/PERB dtd 8 Apr 08
(3) HOMC MMOA-4 dtd 6 May 09
(4) Subj'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 her naval record be corrected by removing the
fitness report for 9 July 2002 to 27 January 2003, a copy of
which is at Tab A. As indicated in enclosure (2), the
Headquarters Marine Corps {HOMC) Performance Evaluation Review
Board has directed removing the contested fitness report. She
further requested removing her failure of selection by the
Fiscal Year (FY) 2008 Major Selection Board and adjusting the
date of rank and effective date of her promotion to major to
reflect selection by the FY 2008 Major Selection Board, rather
than the FY 2009 Major Selection Board. She was promoted to
major with a date of rank and effective date of 1 May 2008.
2. The Board, consisting of Messrs. Garst, Leeman and Mann,
reviewed allegations of error and injustice on 10 December
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. Petitioner exhausted all administrative remedies which
were available under existing law and regulations within the
Department of the Navy.
b. In enclosure (3), the HQMC Officer Counseling and
Evaluation Section, Personnel Management Division has commented
te the effect that Petitioner’s request to remove her failure
of selection to major and backdate her promotion to reflect an
FY 2008 selection has merit and warrants favorable action.
That office specifically recommended adjusting her date of rank
and effective date to 1 October 2007.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of enclosure (3), the Board finds the
existence of an injustice warranting the following corrective
action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by
adjusting her major date of rank and effective date from 1 May
2008 to 1 October 2007; and that her lineal precedence be
adjusted accordingly. :
b. That her record be corrected further to remove her
failure of selection by the FY 2008 Major Selection Board.
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.
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.
eS Fo
Foe, W. DEAN PFEIFFER
Executive Director)
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