DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5747-10
9 August 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
a ane a paca cis TT ac
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. L552
Encl: (1) DD Form 149 dtd 11 Jan 10 w/attachments
(2) HOMC MMER/PERB dtd 11 May 10
(3) Subj's e-mail dtd 18 May 10
(4) HOMC MMOA-4 dtd 24 May 10
(5) Subj’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 the
fitness report for 11 October 2006 to 18 April 2007 (copy at
Tab A). As indicated in enclosure (2), the Headquarters Marine
Corps (HQMC) Performance Evaluation Review Board has directed
removing this report. In enclosure (3), Petitioner also
requested removing his failures of selection to chief warrant
officer 3 (CWO3) by the Fiscal Year (FY) 2009 and 2010 CWO3
Selection Boards.
2. The Board, consisting of Messrs. Exnicios, Pfeiffer and
Zsalman, reviewed allegations of error and injustice on 9
August 2010, and pursuant to its regulations, determined that
relief should be granted. 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. Petitioner exhausted all administrative remedies which
were available under existing law and regulations within the
Department of the Navy.
b. In enclosure (4), the HOMC Officer Counseling and
Evaluation Section, Personnel Management Division has commented
to the effect that Petitioner’s failures of selection by the FY
2009 and 2010 CWO3 Selection Boards should be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of enclosure (4), the Board finds the
existence of an injustice warranting the following corrective
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
CWo3 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.
inte bo (Av
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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