DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 00065-10
414 January 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 28 May 09 less attachments
and Subject‘’s e-mail dtd 17 Dec 09
(2) HOMC MMER/PERB memo dtd 14 Dec 0%
(3) HOMC MMOA-4 memo dtd 30 Dec 09
(4) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) wath
this Board requesting, in effect, that the applicable naval
record be corrected by removing the fitness report for 17 June
to 19 July 2001, a copy of which is at Tab A. As indicated in
enclosure (2), the Headquarters Marine Corps (HOMC) Performance
Fvaluation Review Board (PERB) has directed removal of the
contested fitness report. Petitioner further requested removal
of his failures of selection before the Fiscal Year (FY) 2010
and 2011 Major Selection Boards, 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 is scheduled to be
involuntarily discharged on 1 July 2010.
2. The Board, consisting of Ms. Nappo and Messrs. Fales and
Sproul, reviewed Petitioner's allegations of error and injustice
on 14 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. In correspondence attached as enclosure (3), the HQMC
office having cognizance over the subject matter of Petitioner's
request to strike his failures of selection for promotion 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 (3), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION :
a. That Petitioner's 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 discharge or other action based in any way on
Petitioner's failures of selection before the FY 2010 and 2011
Major Selection Boards be cancelled and, if necessary, that
related documentation be removed from his record.
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.
d. 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.
povialttne 6. aay
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.
RS fo
Fro. DEAN -PFELFFER
Executive Director
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