DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 09249-09
29 October 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy ,
Subj: a ee
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Enel : DD Form 149 dtd 1 Jul 09 w/attachments
(1)
(2) HQMC MMER/PERB memo dtd 26 Aug 09
{3) HOMC MMOA-4 memo dtd 31 Aug 09
(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 by modifying the fitness report for 31 May
to 9 September 2006 (copy at Tab A), in accordance with letters
from the reporting senior (RS) dated 31 May 2009 and reviewing
officer (RO) undated, by raising the marks in sections F.1
(“Leading Subordinates”), F.3 ("Setting the Example”), F.4
(“Ensuring Well-being of Subordinates”), G.1 (“Professional
Military Education”) and G.2 (“Decision Making Ability”) from
“Dp (fourth best of seven possible marks) to “E” (third best).
As shown in enclosure (2), the Headquarters Marine Corps {HOMC)
Performance Evaluation Review Board (PERB) has directed the
requested modifications of this report. Petitioner further
requested modifying the fitness report for 5 May 2007 to 31 May
2008 (copy at Tab B), in accordance with letters from the RS
dated 16 April 2009 and RO dated 31 May 2009, by raising the
tmark in section G.1 from “EB” to *F” (second best} and section
H.i (‘Evaluation Responsibilities”) from “D” to “F" and adding
the justifications provided in the RS’s letter. Finally, he
requested removal of his failure of selection before the Fiscal
Year 2010 Lieutenant Colonel Selection Board, so as to be
considered by the selection board that next convenes Co consider
officers of his category for promotion to the grade of
Lieutenant colonel as an officer who has not failed of selection
to that grade.
2. The Board, consisting of Messrs. Ivins, Vogt and Zsalman,
reviewed Petitioner's allegations of error and injustice on 29
October 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. ‘Enclosure (2), the report of the PERB, reflects that
Petitioner's request concerning the report for 31 May to 9
September 2006 was granted, but comments to the effect that
Petitioner’s request to modify the report for 5 May 2007 to 31
May 2008 should be denied. ,
c. “In correspondence attached as enclosure (3), the HQMC
office having cognizance over the subject matter of Petitioner's
request to strike his failure of selection for promotion has
commented to the effect that this request has merit and warrants
favorable action in light of the partial relief PERB directed.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3),
the Board finds the existence of an injustice warranting partial
relief, specifically, removal of Petitioner’s failure of
selection to lieutenant colonel. Although the Board votes not
to modify the report for 5 May 2007 to 31 May 2008, Petitioner
may submit the RS’s letter dated 16 April 2009 and the RO’s
letter dated 31 May 2009 to future selection boards. In view of
the above, the Board directs the following limited 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
lieutenant colonel 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.
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.
d. That the remainder of Petitioner’s request be denied.
4. 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.
PUPtERES fb fbr Fi |
ROBERT D. ZSALMAN 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.
Dasarrball
W. DEAN’ P E
Executive Di tor
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