DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 8569-09
24 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) Title lo U.S.C. 1552
Bnel: {1} DD Form 149 dtd 25 Feb 09
(2) Subject’s e-mail dtd 15 Jul o9
{3} HQMC MMER/PERB memo dtd 20 Jul 09
(4) HOMC MMOA-4 memo dtd 30 Jul-09
(5) 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 completely removing the fitness
reports for 1 May 2007 to 30 April 2008 and 1 May to
2 July 2008, copies of which are at Tabs A and B, respectively.
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. Enclosure
(3) shows that the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board has directed the requested corrections
of his fitness report record. He also requested removing his
failure of selection by the Fiscal Year (FY) 2009 Chief Warrant
Officer 3 (CWO3} 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 CWO3 as an
officer who has not failed of selection to that grade.
2. 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 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 ali
administrative remedies which were available under existing law
and regulations within the Department of the Navy.
b. In enclosure (4), the HOMC office with cognizance over
the subject matter of Petitioner’s request to remove his
failure of selection to CWO3 has commented to the effect that
this 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 (4), 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
CWO3 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 ina
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.
Dov EA) V (Praer
ROBERT D. Z2SALMAN JONATHAN §. 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.
Noss
Executive
“LF
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 | CY2009 | 06939-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DO 20370-5100 . The Board, consisting of Ms. Wilcher and Messrs. Bowen and McBride, reviewed Petitioner's allegations of error and injustice on 9 July 2009, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In correspondence attached as enclosure (3), the HQMC office with cognizance over the subject matter of...
NAVY | BCNR | CY2010 | 03811-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No. Pursuant to the provisions of reference (a), counsel for 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 Chief Warrant Officer 3 (CWO3) Petitioner would have been assigned had he been selected for...
NAVY | BCNR | CY2010 | 01968-10
HOMC has advised that Subject was discharged on 1 November 2009 on the basis of failures of selection by the FY 2009 and 2010 CWO3 Selection Boards. Because of the two failures of selection for promotion, he was discharged from the Marine Corps Reserve on 1 November 2009.” CONCLUSION: Delete the sentence “If he fails of selection by the FY 2011 promotion board, the Board finds that failure of selection should be removed as well, since it must be removed to restore the status Petitioner...
NAVY | BCNR | CY2011 | 00191-11
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 removing the fitness report for 1 October 2009 to 15 May 2010, a copy of which is at Tab A. This request was not considered, as Petitioner may submit a request for a special selection board directly to the Secretary of the Navy, via HQMC {(MMPR-1), on the basis of the corrective actions in...
NAVY | BCNR | CY2011 | 06730-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No. 6730-11 4 August 2011 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj:
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 | 07625-09
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. In enclosure (3), the...
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 | 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...