DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 02255-10
29 April 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 10 Feb 10 w/attachments
(2) HOMC MMOA-4 memo dtd 26 Apr 10
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), counsel for
Subject, hereinafter referred to as Petitioner, filed enclosure
(1) with this Board requesting, in effect, that the applicable
naval record be corrected to show the lineal position, date of
rank, and effective date in the grade of Chief Warrant Officer 3
(CWO3) Petitioner would have been assigned had he been selected
for promotion to that grade by the Fiscal Year (FY) 2009 cwo3
Selection Board, rather than the FY 2010 CWO3 Selection Board.
He specifically requested adjusting his CWO3 date of rank and
effective date from 1 December 2009 to 1 February 2009. He also
impliedly requested removing his failure of selection by the FY
2009 CWO3 Selection Board.
2. The Board, consisting of Ms. Countryman and Messrs. Garst
and Lippolis, reviewed Petitioner's allegations of error and
injustice on 29 April 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 (2), the
Headquarters Marine Corps office with cognizance over the
subject matter of this case has commented to the effect that
Petitioner's express request to backdate his promotion to CWO3
to 1 February 2009 and, by implication, his implied request to
remove his failure of selection by the FY 2009 CWO3 Selection
Board have merit and warrant favorable action.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an error and injustice warranting the
Following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
his failure of selection by the FY 2009 CWO3 Selection Board.
b. That his record be corrected further to show his date of
rank and effective date in the grade of CWO3 as 1 February 2009,
rather than 1 December 2009; and that his 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.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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.
Dynan <, lean
ROBERT D. Z2SALMAN JONATHAN S&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.
“RD
Fey W. DEAN PPHIFFER
Executive Director
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