DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 10864-0909
19 November 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL. RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 11 Oct 09 w/attachments
_ (2) Removed fitrept for 10 Oct 07 - 30 Mar 08
(3) HOMC CMT memo dtd 6 Nov 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, in
effect, removal of his failure of selection for promotion before
the Fiscal Year (FY) 2010 Reserve Major Selection Board, so as
to be considered by the selection board next 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.
2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed Petitioner’s allegations of error and
injustice on 19 November 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 which were available under existing law
and regulations within the Department of the Navy.
b. In Petitioner's previous case, docket number 5169-09
{Report of Proceedings in enclosure (1)), removal of the adverse
fitness report for 10 October 2007 to 20 March 2008 (enclosure
{2)) was directed, however, his record before the FY 2010
Reserve Major Selection Board included that report.
c¢. In correspondence at enclosure (3), the Headquarters
Marine Corps office with cognizance over the subject matter of
Petitioner’s case has commented to the effect his request to
remove his failure of selection to major is “valid” and
recommended he be granted consideration by a special selection
board (SSB).
CONCLUSION :
' Upon review and consideration of all the evidence of record, and
especially in light of enclosure (3), the Board finds an
injustice warranting removal of Petitioner’s failure of
selection to major. The Board did not consider. the
recommendation that he be granted an SSB, as he did not request
it; and it can be granted without action by this Board. In view
of the above, the Board directs 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 Pétitioner’s record and that no such
entries 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.
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porrthia . (rather
JONATHAN S. RUSKIN
Acting Recorder
ROBERT D. ZSALMAN
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 732.6 (@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.
W. DEAN ‘PRET
Executivel Di tor
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