DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JSR
Docket No: 7111-09
13 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub]: =e RE ae
‘ REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 22 Jun 09 w/attachments
- (2) HQMC MMOA-4 memo dtd 31 Jul 09
(3) HOMC MMSB e-mail dtd 13 Aug 09
{4) 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 her naval record be corrected by removing her
failure of selection for promotion before the Fiscal Year (PY)
2010 Lieutenant Colonel Selection Board, so as to be considered
by the selection board next convened to consider officers of her
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. W. Hicks, Spooner and
Swarens, reviewed Petitioner’s allegations of error and
injustice on 13 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 which were available under existing law
and regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
€. Petitioner's record before the FY 2010 Lieutenant
Colonel Selection Board, convened on 3 September 2008, did not
include her promotion photograph. She had made two unsuccessful
attempts, on 25 July and 21 August 2008, to have her promotion
photograph taken. MARADMIN 278/08 dated 30 April 2008, the
convening message for the FY 2010 promotion boards, stated that
promotion. photographs must be received by Headquarters Marine
Corps (HQMC) MMSB-20 at least two weeks before the convening
date of the promotion board, 20 August 2008 in the case of the
FY 2010 Lieutenant Colonel Selection Board. -Petitioner |
successfully had her promotion photograph taken on 29 August
2008, but it did not reach the promotion board.
dad. In cotrespondence at enclosure (2), the HQMC office with
cognizance over the subject matter of Petitioner’s case has
commented to the effect her request should be denied. That
office stated that the absence of Petitioner’s promotion
photograph was the likely cause of her failure of selection; but
she did not exercise due diligence, in that she did not get her
picture taken until after the two-week deadline established by
MARADMIN 278/08. .
e. Enclosure (3) confirms that Petitioner’s promotion
photograph was not available to the FY 2010 Lieutenant Colonel
Selection Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board finds an injustice warranting the requested relief. The
Board agrees with enclosure (2) that the absence of the
promotion photograph (as verified by enclosure (3)) harmed
Petitioner’s chances to be selected for promotion; but contrary
to enclosure (2), the Board finds she did exercise due
diligence. Accordingly, the Board recommends the following
corrective action:
RECOMMENDATION :
a. That Petitioner’s naval record be corrected so that she
will be considered by the earliest possible selection board
convened to consider officers of her 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.
ec. 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.
Sava Pi LK livett
ROBERT D. ZSALMAN ; JONATHAN S. RUSKIN
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
W. DEAN PFEI
i
Reviewed and approved:
BS- W694
Robert T. Cali
Assistant General Counsel
Mannower and Reserve Affairs)
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