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. 1552
‘Encl: 1) Subject’s e-mail dtd 28 Sep 09
(
(2) BOG Docket No: 6885-07 dtd 16 Aug 07 less encls
(3) BUG Docket No: 6568-08 dtd 17 Jul 08 less encls
(4) HOMC MMPR memo dtd 28 Oct 09
(5) HOMC MMOA-4 memo dtd 25 Nov 09
(6) 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, 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)
2008 Lieutenant Colonel Selection Board, vice the FY 2010
Lieutenant Colonel Selection Board.
2. The Board, consisting of Mses. LeBlanc and Trucco and Mr.
Pfeiffer, reviewed allegations of error and injustice on
4 February 2010, 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. Enclosure (2) reflects that this Board directed
removing Petitioner’s failure of selection by the FY 2008
Lieutenant Colonel Selection Board on the basis of the
Headquarters Marine Corps (HQMC) Performance Evaluation Review
Board (PERB) action to modify one of his fitness reports.
Enclosure (3) shows this Board directed removing his failure of
selection by the FY 2009 Lieutenant Colonel Selection Board on
the basis of the HQMC PERB action to remove another one of his
fitness reports. He was then selected by the FY 2010
Lieutenant Colonel Selection Board and promoted with a date of
rank and effective date of 1 June 2009.
ce. In enclosure (4), the HQOMC Officer Promotions Section
advised that 1 July 2007 is the date of rank and effective date
Petitioner would have been assigned, had he been promoted
pursuant to selection by the FY 2008 Lieutenant Colonel
Selection Board. —
d. In enclosure (5), the HOMC Officer Counseling and
Evaluation Section, Personnel Management Division commented to
the effect that Petitioner’s request has merit and warrants
favorable action. That office specifically recommended
adjusting his lieutenant colonel date of rank and effective
date to 1 July 2007.
CONCLUSION:
. Upon review and consideration of all the evidence of record,
and especially in light of the contents of enclosures (4) and
(5), the Board finds the existence of an error and 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 July 2007, vice
1 June 2009; and that his lineal precedence be adjusted
accordingly.
b. That any material or entries inconsistent with 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 his 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.
poumal J letiw
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.
ic } Ds fe.
Ter W. DEAN EIFFER
Fxecutive Director
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