DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 11597-09
4 February 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: ;
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: DD Form 149 dtd 30 Oct 09 w/attachments
HQMC CMT memo dtd 19 Jan 10
HOMC MMSR-5 memo dtd 29 Jan 10 w/encl
Subject's naval record
(
(
(
(
mw hb
See ee ee
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that his naval record be ©
corrected by removing his failure of selection before the Fiscal
Year (FY) 2008 Reserve Major Selection Board and by implication,
his failure of selection by the FY 2010 Reserve Major Selection
Board, so as to 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. Because of the failures of selection for
promotion, he was subject to involuntary discharge from the
Marine Corps Reserve. He resigned his Reserve commission
effective 1 November 2009. — ,
2, The Board, consisting of Mses. LeBlanc and Trucco and Mr.
Pfeiffer, reviewed. Petitioner's allegations of error and
injustice on 4 February 2010, 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.. In enclosure (2), the Headquarters Marine Corps (HOMC)
Career Management Team has commented to the effect that
Petitioner should have been ineligible for consideration by the
FY 2008 Reserve Major Selection Board, convened on 23 January
2007, as he should have been placed on the Inactive Status List
(ISL) effective 8 December 2004, rather than 1 May 2007. He was
eligible for consideration by the FY 2010 Reserve Major
Selection Board, convened on 27 January 2009, as he had been off
the ISL for over the requisite one-year period when that
promotion board met.
c. In enclosure (3), the HQMC Separation and Retirement
Branch advised that Petitioner was on the ISL from 1 May to 19
September 2007, so he was properly considered and failed of
selection by the FY 2008 and 2010 Reserve Major Selection
Boards; and that his two failures of selection for promotion
rendered him subject to attrition from the Marine Corps Reserve.
‘CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds an error and injustice warranting full relief. ‘The Board
finds Petitioner should have been placed on the ISL on 8
December 2004, rather than 1 May 2007, and threfore he should
not have been eligible for the FY 2008 Reserve Major Selection
Board. The Board further finds his FY 2010 failure should be
removed as well, since this is necessary to restore the status
he should have enjoyed before that promotion board as an officer
who had not failed of selection for promotion. In view of the
above, the Board directs the following corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show he
was placed on the ISL on 8 December 2004, rather than 1 May
2007.
b. That his record be corrected further 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.
c. That his record be corrected further to show that he was
not discharged from the Marine Corps Reserve on 1 November 2009,
but served continuously after that date; and that he be
reinstated as a captain in the Marine Corps Reserve accordingly.
d. 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 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. 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.
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.
W. DEAN PFE
Executive Dirdet
NAVY | BCNR | CY2010 | 08712-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting that the date of rank and effective date of his promotion to captain be adjusted from 1 June 2008 to reflect selection by the Fiscal Year (FY) 2007 Captain Selection Board, rather than the FY 2009 Reserve Captain Selection Board. The Board, consisting of Messrs. Clemmons, Sproul and Washington, reviewed Petitioner's allegations of error and injustice on...
NAVY | BCNR | CY2007 | 09077-07
By letter dated 7 June 2005, the Commandant of the Marine Corps (CMC) recommended to the Secretary of the Navy (SECNAV) that Petitioner’s name be withheld from the FY 2006 Colonel Promotion List. This advisory stated he was withheld from the FY 2006 promotion list because of the adverse fitness report (which had not yet been removed), and that without the report, his record is “obviously competitive.” Petitioner was not considered by the FY 2007 Colonel Selection Board. p. Enclosure (15)...
NAVY | BCNR | CY2009 | 06830-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX N -5100 WASHINGTON DC 20370-5 - JSR Docket No: 6830-03 6 August 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj:
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...
NAVY | BCNR | CY2011 | 06769-11
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 to show he was placed on the Inactive Status List (ISL) on 17 July 2010, rather than 24 April 2011, and that his failure of selection by the Fiscal Year (FY) 2012 Reserve Major Selection Board be removed. The Board, consisting of Messrs. Chapman, W. Hicks, and Swarens, reviewed Petitioner's...
NAVY | BCNR | CY2011 | 01582-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No: 1582-11 10 March 2011 From: Chairman, Board for Correction of Naval Records Tes Secretary of the Navy ij REVIEW OF NAVAL RECORD Ref: fa) 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 requesting, in effect, that his naval record be corrected by removing...
NAVY | BCNR | CY2008 | 04861-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by removing his failures of selection by the Fiscal Year 2007, 2008 and 2009 Reserve Lieutenant Colonel Selection Boards and his last four years in the Individual Ready Reserve (IRR) that had been counted as unsatisfactory. CONCLUSION: Upon review and consideration of all the evidence...
NAVY | BCNR | CY2013 | NR7775 13
He was then selected by the FY 2012 Gunnery Sergeant Selection Board, convened on 17 April 2012, and he was promoted to gunnery sergeant with a date of rank and effective date of 1 December 2012. d. Enclosure (4) shows that the in zone percentage selected for the FY 2006 Staff Sergeant Selection Board was 62.2. e. Enclosure (5) reflects that the HQMC Performance Evaluation Review Board directed removing Petitioner's fitness report for 1 April to 2 November 2006, which documented the later...
NAVY | BCNR | CY2008 | 04138-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board, requesting, in effect, that his naval record be corrected to show the lineal position, date of rank, and effective date in the grade of major he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2008 Major Selection Board, vice the FY 2009 Major Selection Board. The Board, consisting of Ms....
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),...