DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 12156-09
10 December 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
‘Subj: ee ne ean
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Enel: (1) DD Form 149 dtd 1 Jun 05, Subject’s e-mail
ata 29 Oct 09 and DD Form 149 dtd 23 Apr 09
HOMC MMER/PERB memo dtd 3 Nov 09
HOMC MMER/PERB memo dtd 3 Nov 09
HOMC CMT memo dtd 12 Nov 09
Subject's naval record
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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 19
January to 31 July 2003 by removing section K (reviewing officer
{RO) marks and comments). As indicated in enclosure (2}, the
Headquarters Marine Corps (HQOMC) Performance Evaluation Review
Board (PERB) has effectively granted this relief by directing
that the mark in section K.1 (“Observation”) be changed from
“Sufficient” to “Insufficient,” and that the mark in section K.3
(RO's “Comparative Assessment”) and the comments in section K.4
(“Reviewing Officer Comments”) be removed. Petitioner further
requested completely removing the fitness report for 6 August
2007 to 30 June 2008. Enclosure (3) shows the PERB has directed
removing this report. Copies of the fitness reports in question
are at Tabs A and B, respectively. Finally, Petitioner
requested removing his failures of selection before the Fiscal
Year (FY) 2007 through 2010 Active Reserve (AR) Lieutenant
Colonel Selection Boards, leaving in his record his failure of
selection by the FY 2004 AR Lieutenant Colonel Selection Board,
as this promotion board convened on 19 November 2002, before
either of the contested fitness reports had been submitted (his
failures of selection by the FY 2005 and 2006 AR Lieutenant
Colonel Selection Boards were removed by action of this Board in
one of Petitioner’s previous cases, docket number 9895-04).
2. The Board, consisting of Messrs. Garst, Leeman and Mann,
reviewed Petitioner's allegations of error and injustice on 10
December 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. In correspondence attached as enclosure (4), the HOMC
office having cognizance over the subject matter of Petitioner's
request to strike his failures of selection by the FY 2007-2010
AR Lieutenant Colonel Selection Boards 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 record be corrected by removing his
failures of selection by the PY 2007 through 2010 AR Lieutenant
Colonel Selection Boards, leaving in his record his failure of
selection by the FY 2004 AR Lieutenant Colonel Selection Board.
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.
e. 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.
TR eet N Poo
rea_W. DEAN PFEIFFER
Executive Director
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