DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 4645-10
28 May 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub): Areca. a ee
REVIEW OF NAVAL RECOR
Ref: (aj Tle 10 Uc6.C. 1552
Encl: (1) DD Form 149 dtd 31 Mar 10 w/attachments
(2) HOMC MMOA-4 memo dtd 24 May 10
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by removing his
failures of selection for promotion before the Fiscal Year (FY)
2010 and 2011 Lieutenant Colonel Selection Boards, so as to be
considered by the selection board next 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.
2. The Board, consisting of Messrs. Bowen, Chapman and Garst,
reviewed Petitioner’s allegations of error and injustice on 28
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 which were available under existing law
and regulations within the Department of the Navy.
b. After Petitioner had failed of selection by the FY 2010
Lieutenant Colonel Selection Board, he successfully petitioned
b. After Petitioner had failed of selection by the FY 2010
Lieutenant Colonel Selection Board, he successfully petitioned
the Headquarters Marine Corps (HOMC) Performance Evaluation
Review Board (PERB) for modification of the fitness report for
16 July 2007 to 18 April 2008. A copy of the PERB report is in
enclosure (1), and a copy of the modified fitness report is at
Tab A.
c. In correspondence at enclosure (2), the HQMC office with
cognizance over the subject matter of Petitioner’s case has
commented to the effect his request has merit and warrants
favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds an
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
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 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.
3
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 732.6 (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.
Ld earstha!
W. DEAN P
Executive tor
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