DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 6506-09
30 duly 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: § a
REVIEW OF NAVAL RECORD
Ref: fa) Title 10 U.S.C. 1552
Enel: DD Form 149 dtd 17 Jun 09 w/attachments
1
(2) HOMC MMOA-4 memo dtd 24 Jul 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 by 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 Messrs. Chapman, Fales and Leeman,
reviewed Petitioner's allegations of error and injustice on 30
July 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. Petitioner’s record before the FY 2010 Lieutenant
Colonel Selection Board included two fitness reports with
incorrect dates, causing his Master Brief Sheet to give the
appearance he had a 13-month date gap. He did not discover this
error in his record until his briefing with a career counselor,
conducted after he had failed of selection.
c. 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, as the apparent date gap
could have harmed his competitiveness for promotion.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds an
injustice warranting the requested relief. The Board concludes
Petitioner should be excused for his failure to discover and
take action to correct the error in his record before his
consideration for promotion. In view of the above, the Board
directs 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.
Dyrtavd | Crab Sen
ROBERT D. ZSALMAN JONATHAN &. RUSKIN
Recorder Acting Recorder
5. Pursuant to the delegation of authority get 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. .
\pQead
W. DEAN PFEIFF
Executive Dire
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