DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 03806-10
6 May 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj v0
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 5 Jan 10 w/attachments
and Subject’s ltr dtd 2 Apr 10 w/encl
(2) HOMC CMT memo dtd 28 Apr 10
(3) HOMC MMPR-1 e-mail dtd 30 Apr 10
(4) Subject’s naval record
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 to show the lineal position, date of rank,
and effective date in the grade of lieutenant colonel Petitioner
would have been assigned had he been selected for promotion to
that grade by the Fiscal Year (FY) 2010 Active Reserve (AR)
Lieutenant Colonel Selection Board, rather than the FY 2011 AR
Lieutenant Colonel Selection Board. He also impliedly requested
removing his failure of selection by the FY 2010 AR Lieutenant
Colonel Selection Board.
2. The Board, consisting of Ms. Siler and Messrs. Delorier and
Tew, reviewed Petitioner's allegations of error and injustice on
6 May 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. After Petitioner had failed of selection by the FY 2010
AR Lieutenant’ Colonel Selection Board, the Headquarters Marine
Corps (HOMC) Performance Evaluation Review Board (PERB) directed
removing the fitness report for 1 July 2005 to 31 May 2006.
Copies of the PERB report and the fitness report are in
enclosure (1). The FY 2011 AR Lieutenant Colonel Selection
Board, which considered Petitioner with a corrected fitness
report record but status as an officer who had failed of ©
selection to lieutenant colonel, selected him. He was promoted
with a date of rank and effective date of 1 April 2010.
c. In correspondence attached as enclosure (2), the HOMC
Career Management Team commented to the effect that Petitioner's
express request to backdate his promotion to lieutenant colonel
and, by implication, his implied request to remove his failure
of selection by the FY 2010 AR Lieutenant Colonel Selection
Board have merit and warrant favorable action.
d. In enclosure (3), the HQMC Promotion Branch advised that
1 October 2009 is the date of rank and effective date Petitioner
would have been assigned, had he been promoted pursuant to
selection by the FY 2010 AR Lieutenant Colonel Selection Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3),
the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
his failure of selection by the FY 2010 AR Lieutenant Colonel
Selection Board.
b. That his record be corrected further to show his date of
rank and effective date in the grade of lieutenant colonel as 1
October 2009, rather than 1 April 2010; 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
nn
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. 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.
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.
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