DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 00296-10
11 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: eee
REVIEW OF NAVAL RECORD
Ref: {a) 10 U.S.C. 1552
Encl: DD Form 149 dtd 17 Dec 09 w/attachments
JRE Docket No. 7123-07 ltr dtd 8 Jan 10
HOMC CMT memo dtd 26 Feb 10 w/enclosure
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 removing his failure of selection before
the Fiscal Year (FY) 2011 Active Reserve Colonel 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 colonel as an officer who has not failed of
selection to that grade. In addition, he requested
reinstatement to active duty effective 1 November 2006, rather
than 31 July 2009, and remedial consideration for promotion to
colonel for the FY 2009 Active Reserve Colonel Selection Board.
In light of enclosure (2), these additional requests were not
considered.
2. The Board, consisting of Messrs. Grover, McBride and Sproul,
reviewed Petitioner's allegations of error and injustice on 11
March 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
Headguarters Marine Corps office having cognizance over the
subject matter of Petitioner's request to strike his failure 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 error and injustice warranting 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
colonel 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 Petitioner's record and that no such
entries or material 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. 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.
AsvniRev 4, refi
ROBERT D. ZSALMAN JONATHAN S. 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.
Ro 8
od DEAN IFFER
Executive Director
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