DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 20370-5100 .
JSR
Docket No. 07334-09
6 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj ; ee . 7 a eae : “oes runs
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 1 Jul 09 w/attachments
(2) JSR Docket No: 1617-08 memo dtd 17 Apr 08
less enclosures
(3) HOMC MMOA-4 memo dtd 30 Jul 99
(4) 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.
2. The Board, consisting of Messrs. Delorier, Pfeiffer and
Rothlein, reviewed Petitioner's allegations of error and
injustice on 6 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 Petitioner’s previous case, docket number 1617-08
(copy of Report of Proceedings at enclosure (2)), this Board
directed removing his failure of selection by the FY 2009
Lieutenant Colonel Selection Board. Subsequently, he was
selected by the FY 2010 Lieutenant Colonel Selection Board and
promoted with a date of rank and effective date of 1 July 2009.
ce. In correspondence attached as enclosure (3), the HOMC
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 July
2008.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents 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, where
appropriate, to show his date of rank and effective date in the
grade of lieutenant colonel as 1 July 2008, rather than 1 July
2009; and that his lineal precedence be adjusted accordingly.
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.
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. 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.
ante fd. [ bre Pde,
JONATHAN S. RUSKIN
Acting Recorder
ROBERT D. Z2SALMAN
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.
ROS
FA_W. DEAN PFEFFER
Executive Director
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