DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DO 20370-5100 .
JSR
Docket No. 6939-09
9 July 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: 3% cag:
REVIEW OF NAVAL RECORD
Ref: {a) 10 0.5.C. 1552
Encl: DD Form 149 dtd 8 Feb 09
HOMC MMER /PERB memo dtd 18 Jun 09
HOMC MMOA-4 memo dtd 24 Jun 09
1
2
3
4) Subject's naval record
a
a a ee
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 by removing the fitness report for 1 May
2007 to 30 April 2008, a copy of which is at Tab A. As
indicated in enclosure (2), the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board has directed removing the
contested report. Petitioner further requested removing his
failure of selection by the Fiscal Year 2009 Chief Warrant
Officer 3 (CWO3) Selection Board, so as to be considered by the
selection board next convened to consider officers of his
category for promotion to CWO3 as an officer who has not failed
of selection for promotion to that grade.
2. 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. 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 (3), the HQMC
office with cognizance over the subject matter of Petitioner’s
request to remove his failure of selection for promotion has
‘commented to the effect that this request has merit and warrants
favorable action.
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 so that he
will be considered by the earliest possible selection board
convened to consider officers of his category for promotion to
CWO3 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 or material 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, 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.
Dre £, (C12 Pn
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.
Te RY FE
FowW. DEAN ‘PFEIFFER
Executive Director
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