DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JSR
Docket No. 05823-09
27 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : on oo
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: {1} DD Form 149-dtd 1 Jun 09 w/attachments
(2) HQOMC MMOA-4 memo dtd 21 Aug 09
(3) 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, in effect, that the applicable naval
record be corrected to show the lineal position, date of rank,
and effective date in the grade of lieutenant colonel he would
have been assigned had he been selected for promotion to that
grade by the Fiscal Year (FY) 2009 Lieutenant Colonel Selection
Board, vice the FY 2010 Lieutenant Colonel Selection Board. He
also impliedly requested removing his failure of selection by
the FY 2009 Lieutenant Colonel Selection Board. He currently
has a lieutenant colonel date of rank and effective date of 1
June 2009.
2. The Board, consisting of Messrs. Lippolis, Sproul and Tew,
reviewed Petitioner's allegations of error and injustice on 27
August 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. In correspondence attached as enclosure {2), the HOQMC
office with cognizance over the subject matter of this case has
commented to the effect that Petitioner's request has merit and
warrants favorable action, specifically, adjusting his
lieutenant colonel date of rank and effective date to 1 May 2008
and removing his FY 2009 failure of selection (he also failed of
selection by the FY 2008 Lieutenant Colonel Selection Board, but
he does not contest that failure of selection).
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected, where
appropriate, to show his date of rank and effective date in the
grade of lieutenant colonel as 1 May 2008, rather than 1 June
2009; and that his lineal precedence be adjusted accordingly.
b. That his record be corrected further by removing his
failure of selection by the FY 2009 Lieutenant Colonel Selection
Board (leaving in his record his failure of selection by the FY
2008 Lieutenant Colonel Selection Board).
ce. 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
ceference 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.
Donn df - LABEL EAS
JONATHAN S. RUSKIN
Acting Recorder
ROBERT D, ZSALMAN
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,
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.
VOD
woe WW, DEAN | LFFER
Executive Director
it is hereby
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 | 07419-09
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of lieutenant colonel he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2009 Lieutenant Colonel Selection Board, vice the FY 2010 Lieutenant Colonel Selection Board. The...
NAVY | BCNR | CY2009 | 07334-09
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of lieutenant colonel he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2009 Lieutenant Colonel Selection Board, vice the FY 2010 Lieutenant Colonel Selection Board. The...
NAVY | BCNR | CY2009 | 01238-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BJG Docket No: 1238-09 5 June 200609 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj:
NAVY | BCNR | CY2009 | 07355-09
1552 Encl: (1) DD Form 149 dtd 2 Jul 09 w/attachments (2) BUG Docket No: 1064-08 memo dtd 8 May 08 less enclosures (3) HQOMC MMPR memo dtd 18 Aug 09 (4) Subject's naval record i. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, Gate of rank, and effective date in the grade of lieutenant colonel he would have been...
NAVY | BCNR | CY2011 | 00084-11
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of lieutenant colonel Petitioner would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2009 Reserve Lieutenant Colonel Selection Board, rather than the FY 2011 Reserve Lieutenant...
NAVY | BCNR | CY2010 | 12675-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of lieutenant colonel Petitioner would have been assigned had she been selected for promotion to that grade by the Fiscal Year (FY) 2010 Lieutenant Colonel Selection Board, rather than the FY 2011 Lieutenant...
NAVY | BCNR | CY2010 | 03806-10
The Board, consisting of Ms. Siler and Messrs. Delorier and Tew, reviewed Petitioner's allegations of error and injustice on 6 May 2010, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The FY 2011 AR Lieutenant Colonel Selection Board, which considered Petitioner with a corrected fitness report record but status as an officer who had failed of © selection to lieutenant colonel, selected him. ...
NAVY | BCNR | CY2011 | 01746-11
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of lieutenant colonel Petitioner would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2010 Lieutenant Colonel Selection Board, rather than the FY 2011 Lieutenant...
NAVY | BCNR | CY2008 | 01799-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 1799-08 16 September 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy subj: iii 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...