DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 4602-10
3 June 2010
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj z ee Pera e Ore Sal Bi a
REVIEW OF NAVAL RECORD >
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 23 Apr 10 w/attachments
(2) HOMC MMOA-4 memo dtd 25 May 10
(3) 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 that his naval record be corrected by
removing his failure of selection before the Fiscal Year (FY)
2011 Lieutenant Colonel Selection Board, so as to be considered
by the selection board that next convened to consider officers
of his category for promotion to the grade of lieutenant colonel
as an officer who has not failed of selection to that grade.
2. The Board, consisting of Ms. Nappo and Messrs. Bourgeois and
Delorier, reviewed Petitioner's allegations of error and
injustice on 3 June 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 2011
Lieutenant Colonel Selection Board, he successfully petitioned
this Board for removal of derogatory material from his record.
A copy of the Board's report in his previous case, docket number
938-10, is in enclosure (1).
c. In enclosure (2), the Headquarters Marine Corps office
with cognizance over the subject matter of Petitioner’s current
case has commented to the effect it 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 (2), 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 lieutenant
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. 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.
Botan d / ltr
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.
ops
W. DEAN P F
Executive D °
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