DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR :
Docket No. 07419-09
30 July 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: ar gs eis Ree
REVIEW OF NAVAL CORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 10 Mar 09 w/attachments
and Subject’s ltr dtd 6 Jui 09 w/enclosures
(2) HOMC MMOA-4 memo dtd 23 Jul 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
specifically requested that his lieutenant colonel date of rank
and effective date be adjusted to 1 June 2008.
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 available under existing law and
regulations within the Department of the Navy.
b. In Petitioner’s previous case,. docket number 6791-08,
the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board directed removing two fitness reports from his
record, and 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.
c. In correspondence attached as enclosure (2), 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 June
2008.
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 June 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.
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.
Reguiations, 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.
Drvvip tbe, A. (L202 Bh
ROBERT D. Z2SALMAN 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.
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