DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 07430-10
14 October 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: Ji ie,
REVIEW OF NAVAL RECORD
Ref: (ai) ~LO U.S.@, 1552
Encl: (1) DD Form 149 dtd 1 Jul 10 w/attachments
(2) HQMC MMPR memo dtd 25 Aug 10
(3) HQMC MMOA-4 memo dtd 6 Oct 10
(4) Subject’s naval record
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 captain Petitioner
would have been assigned had he been selected for promotion to
that grade by the Fiscal Year (FY) 2009 Captain Selection Board,
rather than the FY 2011 Captain Selection Board.
2. The Board, consisting of Messrs. Butherus, Garst, and
Sproul, reviewed Petitioner's allegations of error and injustice
on 14 October 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 02457-09
(copy of Report of Proceedings in enclosure (1)), in view of the
action by the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board to direct removing an adverse fitness
report from his record, this Board directed correcting his
record so that he would be considered by the earliest possible
selection board convened to consider officers of his category
for promotion to captain as an officer who had not failed of
selection for promotion to that grade. On the basis of that
action, his failures of selection by the FY 2009 and 2010
Captain Selection Boards were removed. He was selected by the
FY 2011 Captain Selection Board and promoted with a date of rank
and effective date of 1 July 2010.
ce. In enclosure (2), the HQOMC Promotion Branch advised that
1 July 2008 is the captain date of rank and effective date
Petitioner would have received, had he been promoted pursuant to
selection by the FY 2009 Captain Selection Board.
d. In enclosure (3), the HQMC Officer Counseling and
Evaluation Section, Personnel Management Division has commented
to the effect that Petitioner's request has merit and warrants
favorable action, specifically, adjusting his captain date of
rank (and by implication, effective date) to 1 July 2008.
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, where
appropriate, to show his date of rank and effective date in the
grade of captain as 1 July 2008, rather than 1 July 2010; 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.
Drona LEE +, (Pwtin,
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.
tS FS
roe W. DEAN PFEIFFER
Executive Director
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