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), 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 August 2007 to 31 May 2008 by deleting, from section K.4
(reviewing officer (RO) comments), “I ranked this officer 3 of
3 of all Captains [sic] that I am the RO for during this
reporting period.” A copy of the fitness report in question is
at Tab A to enclosure (1). As indicated in enclosure (2), the
Headquarters Marine Corps (HQMC) Performance Evaluation Review
Board (PERB) has directed the requested modification. Finally,
‘he 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, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed allegations of error and injustice on
13 August 2009, and pursuant to its regulations, determined
that relief should be granted. 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. In Petitioner's previous case, docket number 8849-08
(copy of Report of Proceedings in enclosure (1)), the PERB and
this Board directed modifications of the fitness reports for 1
November 2003 to 30 April 2004 and i May to 13 September 2004.
However, these corrections were not effected in time for the FY
2010 Major Selection Board.
ec. In enclosure (3), the HOMC office having cognizance
over the subject matter of Petitioner's request to remove his
failure of selection for promotion has commented to the effect
that his request has merit and warrants favorable action,
' because of the corrective actions in his current and previous
cases.
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 correctéd 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.
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.
meted J . (eH,
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.
se Re
W. DEAN PFE
Executive Die
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