DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 03811-10
29 April 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub] :
REVIEW OF NAVAL RECORD
Ref: {a) 10 U.S.C. 1552
Encl: (1) Counsel's ltr dtd 20 Mar 10 w/encls
(2) BCNR rept to SECNAV JSR Docket No. 6939-09
dtd 9 Jul 09 less encls
(3) HQMC MMOA-4 memo dtd 21 Apr 10
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.
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 Petitioner’s previous case, docket number 6939-09,
the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board directed removing a fitness report from his record,
and this Board directed removing his failure of selection by the
FY 2009 CWO3 Selection Board. Subsequently, he was selected by
the FY 2010 CWO3 Selection Board and promoted with a date of
rank and effective date of 1 December 2009.
c. In correspondence attached as enclosure (2), the HOMC
office with cognizance over the subject matter of this case has
commented to the effect that Petitioner's request has merit and
warrants favorable action, specifically, adjusting his CWO3 date
of rank and effective date to 1 August 2009,
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 injustice warranting the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected, where
appropriate, to show his date of rank and effective date in the
grade of CWO3 as 1 August 2009, rather than 1 December 2009; and
that his lineal precedence be adjusted accordingly.
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.
ec. 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.
Soatigy + barbs
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.
eS2<_W. DEAN PFEIFFER
Executive Director
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