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NAVY | BCNR | CY2010 | 08712-10
Original file (08712-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JSR
Docket No. 8712-10
10 November 2010

From: Chairman, Board for Correction of Naval Records
To : Secretary of the Navy

eM iia

REVIEW OF NAVAL RECORD

REL: (a4) 10 U.S-€. 1552

 

Encl: (1) DD Form 149 dtd 2 Aug 10 w/attachments
and Subject’s e-mail dtd 24 Aug 10

(2) Subject’s fitrept for 12 Feb - 16 Apr 04

(3) HOMC MMOA-4 memos dtd 13 Oct and 4 Nov 10

(4) HQMC MMPR-1 e-mail dtd 15 Oct. 10

(5) 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 the date of rank and effective date
of his promotion to captain be adjusted from 1 June 2008 to
reflect selection by the Fiscal Year (FY) 2007 Captain Selection
Board, rather than the FY 2009 Reserve Captain Selection Board.
He also requested removing his failures of selection by the FY
2007 and 2008 Captain Selection Boards. Finally, he impliedly
requested correction of his record to show his discharge from
the Regular Marine Corps on 1 November 2007 was by reason of
voluntary resignation, rather than failures of selection for
promotion to captain, and further show that he has been on the
active-duty list continuously since his commissioning as a
Marine Corps Reserve officer.

2. The Board, consisting of Messrs. Clemmons, Sproul and
Washington, reviewed Petitioner's allegations of error and
injustice on 10 November 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 2007
and 2008 Captain Selection Boards, the Headquarters Marine Corps
(HOMC) Performance Evaluation Review Board directed removing an
adverse fitness report (copy at enclosure (2)) from his record.
Because of the failures of selection for promotion, he was
discharged from the Regular Marine Corps on 1 November 2007, and
he accepted a commission as a first lieutenant in the Marine
Corps Reserve without a break in service. After the fitness
report had been removed from his record, he was selected by the
FY 2009 Reserve Captain Selection Board and promoted with a date
of rank and effective date of 1 June 2008.

c. In correspondence attached as enclosure (3), the HQMC
office with cognizance over the subject matter of Petitioner's
requests to remove his failures of selection for promotion and
adjust the date of rank and effective date of his promotion has
commented to the effect that these requests have merit and
warrant favorable action.

da. Enclosure (4) shows that 1 September 2006 is the date of
rank and effective date Petitioner would have been assigned, had
he been promoted as an FY 2007 Captain Selection Board selectee.

CONCLUSION :

Upon review and consideration of all the evidence of record, and
especially in light of enclosures (3) and (4), the Board finds
the existence of an injustice warranting the following
corrective action:

RECOMMENDATION:

 

a. That Petitioner's naval record be corrected to show his
date of rank and effective date in the grade of captain as 1
September 2006, rather than 1 June 2008; and that his lineal
precedence be adjusted accordingly.

b. That his record be corrected further by removing his
failures of selection by the FY 2007 and 2008 Captain Selection
Boards.

c. That his record be corrected further to show his
discharge from the Regular Marine Corps on 1 November 2007 was
by reason of voluntary resignation, rather than failures of
selection for promotion.

d. That his record be corrected further to show he has been
on the active-duty list continuously since his commissioning as
a Marine Corps Reserve officer.

e. That he be nominated for an original appointment as a
captain in the Regular Marine Corps under title 10, United
States Code, section 531(a) (1).

£. Excepting that which reflects Petitioner’s performance
of service while he was not on the active-duty list, 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.

g. 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. 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.

PreK Ard if fazdimn

 

ROBERT D. Z4SALMAN 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.

en DEAN PFEIFFER

Executive Director

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