DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 12160-09
28 January 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub] : a
REVIEW OF NAVAL RECORD. ©
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 3 Aug 09 w/attachments |
(2) HQMC MMER/PERB memo dtd 18 Nov 09
(3) HOMC MMOA-4 memo dtd 30 Nov 09
(4) HQMC MMOA-4 memo dtd 25 Jan 10
(5) Memo for Record dtd 27 Jan 10
(6) Subject's naval record
i. 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 removing the fitness report for 1 May to
1 October 2007, a copy of which is at Tab A. As indicated in -
enclosure (2), the Headquarters Marine Corps {(HOMC) Performance
Evaluation Review Board (PERB) has directed removal of this
report. Petitioner also requested modifying the fitness report
for 2 October 2007 to 14 March 2008, a copy of which is at Tab
B, by removing section K (reviewing officer's marks and
comments). She further requested removal of her failure of
selection before the Fiscal Year (FY) 2009 Chief Warrant Officer
3 (CWO3) Selection Board and remedial consideration for that
promotion board. The Board did not consider her request for
remedial consideration, as she has been selected and promoted to.
CWO3. Finally, she impliedly requested that her record be
corrected to show the lineal position, date of rank and
effective date in the grade of CWO3 she would have been assigned
had she been selected for promotion to that grade by the FY 2009
CWO3 Selection Board, vice the FY 2010 CWO3 Selection Board.
She was promoted to CWO3 with a date of rank and effective date
of 1 December 2009.
2. .The Board, consisting of Mses. Countryman and Humphrey and
Mr. Vogt, reviewed Petitioner's allegations of error and
injustice on 28 January 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. Enclosure (2) shows the HOMC PERB directed removing the
contested fitness report for 1 May to 1 October 2007 and
commented to the effect that Petitioner’s request to modify the
report for 2 October 2007 to 14 March 2008 should be denied.
c. For the FY 2010 CWO3 Selection Board by which Petitioner
was selected, she had an uncorrected fitness report record and
status as an officer who had failed of selection for promotion.
d. In correspondence at enclosures (3) and (4), the HQMC
Officer Counseling and Evaluation Section has commented to the
effect that Petitioner’s express request to strike her failure
of selection for promotion and her implied request to backdate
her promotion have merit and warrant favorable action.
e. Enclosure (5) shows the HQOMC Promotion Branch has
advised that 1 August 2009 is the date of rank and effective
date Petitioner would have been assigned, had she been promoted
pursuant to selection by the FY 2009 CWO3 Selection Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) through
(4), the Board finds the existence of an injustice warranting
the following limited corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
she did not fail of selection by the FY 2009 CWO3 Selection
Board.
b. That her record be corrected further to show her date of
rank and effective date in the grade of CWO3 as 1 August 2009,
vice 1 December 2009; and that her lineal precedence be adjusted
accordingly.
c. 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.
ad. 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.
e. That the remainder of her 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.
i
Psi Rtn & neti
ROBERT D. ZSALMAN JONATHAN &. RUSKIN
Recorder Acting Recorder
>. 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.
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CR W. DEAN EIPFER
Executive Director
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