DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 7625-09
30 July 2009
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
Sub}: ;
REVIEW OF NAVAL RECORD
Ref: (a) Title LO U.8.¢c. 1552
Encl: (1) DD Form 149 dtd 3 Apr 09 w/attachment
(2) HOMC MMER/PERB memo dtd 29 Jun 09
(3) HQMC MMOA-4 memo dtd 20 Jul 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 that his
naval record be corrected by modifying the fitness report for
1 June 2006 to 20 April 2007 by deleting, from section I
(reporting senior’s “Directed and Additional Comments”),
“Capable officer that at times allowed the dynamic nature of
operations to impact his overall efficiency and effectiveness.
Produced quality products with supervision and undoubtedly
maintains the necessary fundamental leadership skills for
future promotion.” and completely removing section K (reviewing
officer's marks and comments). He further requested modifying
the fitness report for 24 April 2007 to 24 April 2008 by
removing section K. Copies of the fitness reports in question
are at Tabs A and B, respectively. As indicated in enclosure
(2), the Headquarters Marine Corps (HOMC) Performance
Fvaluation Review Board has directed all the requested fitness
report modifications. Finally, Petitioner requested removing
his failure of selection by the Fiscal Year (FY) 2010 Major
Selection Board, so that he will be considered by the selection
board that next convenes to consider officers of his category
for promotion to the grade of major as an officer who has not
failed of selection to that grade.
2, The Board, co istin
reviewed allegations of error and injustice on 30 July 2009,
and pursuant to its regulations, determined that relief should
be granted. Documentary material considered by the Board
\
consisted of the enclosures (except enclosure (2)), 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. In 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 request has merit and warrants favorable action.
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 so that he
will be considered by the earliest possible selection board
convened to consider officers of his category for promotion to
major 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.
N
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.
Dsvvattio f, (eer
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.
Tt SFR
=-2_wW. DEAN PFEIFFER
Executive Director
tw
NAVY | BCNR | CY2009 | 08270-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BIG Docket No: 8270-09 14 August 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub] : “eee ar eet REVIEW OF NAVAL RECORD Ref: (a} Title 10 U.S.C. 1552: Encl: (1) DD Form 149 dtd 18 Mar 09 w/attachments (2) HQMC MMER/PERB memo dtd 26 Jun 09 (3) HOMC MMOA-4 memo dtd 21 Jul 09 (4) Subject’s naval record Pursuant to the provisions of reference-(a),...
NAVY | BCNR | CY2009 | 12160-09
The Board did not consider her request for remedial consideration, as she has been selected and promoted to. c. 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. 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...
NAVY | BCNR | CY2012 | 03443 12
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S,. 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 completely removing the fitness report for 18 June 2007 to 31 May 2008 (copy at Tab A), modified in his previous case by the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) by removal of section K...
NAVY | BCNR | CY2009 | 08569-09
By enclosure (2), he amended his application, as it relates to the report for 1 May 2007 to 30 April 2008, to request that the report be modified, by removing section K (reviewing officer's marks and comments), rather than completely removed. The Board, consisting of Ms. LeBlanc and Messrs. Fales and Grover, reviewed Petitioner’s allegations of error and injustice on 20 August 2009, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the...
NAVY | BCNR | CY2009 | 01229-09
Documentary material considered by the Board consisted of the enclosures (except enclosure (2)), naval records, and applicable statutes, regulations and policies. The Board finds Petitioner’s FY 2009 and 2010 failures should be removed as well, since the marks cited above were in his record for both of the promotion boards concerned, and removing all failures is necessary to restore Petitioner to the status he enjoyed, before the FY 2008 Lieutenant Colonel Selection Board, as an officer who...
NAVY | BCNR | CY2009 | 09788-09
In enclosure (3), MMOA-4, the HOMC Officer Counseling and Evaluation Section, commented to the effect that Petitioner's failures of selection to lieutenant colonel should not be removed, notwithstanding the PERB action, in view of the noncompetitive cumulative relative values in his fitness reports as a major, as well as a fitness report date gap. Notwithstanding enclosure (3), the Board finds Petitioner’s failures of selection to lieutenant colonel should be removed as well. b, That his...
NAVY | BCNR | CY2011 | 01582-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No: 1582-11 10 March 2011 From: Chairman, Board for Correction of Naval Records Tes Secretary of the Navy ij REVIEW OF NAVAL RECORD Ref: fa) Title 10 U.S.C. 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...
NAVY | BCNR | CY2009 | 10410-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 10410-09 12 February 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: _ REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written _ application, enclosure (1), with this Board, in effect, that the applicable naval record be corrected to show...
NAVY | BCNR | CY2009 | 03363-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BIG Docket No: 3363-09 10 April 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: a See REVIEW OF NAVAL RECORD (PARTIAL RECONSIDERATION) Ref: . Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting that his naval record be corrected by removing...
NAVY | BCNR | CY2010 | 00065-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) wath this Board requesting, in effect, that the applicable naval record be corrected by removing the fitness report for 17 June to 19 July 2001, a copy of which is at Tab A. The Board, consisting of Ms. Nappo and Messrs. Fales and Sproul, reviewed Petitioner's allegations of error and injustice on 14 January 2010, and pursuant to its regulations, determined that the corrective...