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
NAVY | BCNR | CY2009 | 11597-09
Petitioner's allegations of error and injustice on 4 February 2010, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In enclosure (2), the Headquarters Marine Corps (HOMC) Career Management Team has commented to the effect that Petitioner should have been ineligible for consideration by the FY 2008 Reserve Major Selection Board, convened on 23 January 2007, as he should have been placed on the...
NAVY | BCNR | CY2007 | 09077-07
By letter dated 7 June 2005, the Commandant of the Marine Corps (CMC) recommended to the Secretary of the Navy (SECNAV) that Petitioner’s name be withheld from the FY 2006 Colonel Promotion List. This advisory stated he was withheld from the FY 2006 promotion list because of the adverse fitness report (which had not yet been removed), and that without the report, his record is “obviously competitive.” Petitioner was not considered by the FY 2007 Colonel Selection Board. p. Enclosure (15)...
NAVY | BCNR | CY2011 | 01582-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No: 1582-11 10 March 2011 From: Chairman, Board for Correction of Naval Records Tes Secretary of the Navy ij REVIEW OF NAVAL RECORD Ref: fa) Title 10 U.S.C. 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...
NAVY | BCNR | CY2009 | 09788-09
In enclosure (3), MMOA-4, the HOMC Officer Counseling and Evaluation Section, commented to the effect that Petitioner's failures of selection to lieutenant colonel should not be removed, notwithstanding the PERB action, in view of the noncompetitive cumulative relative values in his fitness reports as a major, as well as a fitness report date gap. Notwithstanding enclosure (3), the Board finds Petitioner’s failures of selection to lieutenant colonel should be removed as well. b, That his...
NAVY | BCNR | CY2010 | 03999-10
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 8 December 2007 to 8 August 2008, a copy of which is at Tab A. That Petitioner’s naval record be corrected by removing all remaining references to his NJP of 7 August 2008, to include the following: {1) Unit Punishment Book entry (2) Second sentence,...
NAVY | BCNR | CY2011 | 00084-11
Pursuant to the provisions of reference (a), 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 lieutenant colonel Petitioner would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2009 Reserve Lieutenant Colonel Selection Board, rather than the FY 2011 Reserve Lieutenant...
NAVY | BCNR | CY2013 | NR7775 13
He was then selected by the FY 2012 Gunnery Sergeant Selection Board, convened on 17 April 2012, and he was promoted to gunnery sergeant with a date of rank and effective date of 1 December 2012. d. Enclosure (4) shows that the in zone percentage selected for the FY 2006 Staff Sergeant Selection Board was 62.2. e. Enclosure (5) reflects that the HQMC Performance Evaluation Review Board directed removing Petitioner's fitness report for 1 April to 2 November 2006, which documented the later...
NAVY | BCNR | CY2008 | 10290-08
The front page of his fitness report for 18 March to 25 July 2008, a copy of which is at Tab B, verifies he had a first class PFT score of 205. d. In enclosure (2), the Headquarters Marine Corps Enlisted Promotion Section commented to the effect Petitioner’s request should be denied, as he “chose not to take his PFT making him unqualified for extension or reenlistment.” e. Enclosure (3) is Petitioner’s reply to enclosure (2), detailing the circumstances that prevented him from taking...
NAVY | BCNR | CY2009 | 10410-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 10410-09 12 February 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: _ REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written _ application, enclosure (1), with this Board, in effect, that the applicable naval record be corrected to show...
NAVY | BCNR | CY2009 | 05145-09
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 her naval record be corrected by removing the fitness report for 9 July 2002 to 27 January 2003, a copy of which is at Tab A. She further requested removing her failure of selection by the Fiscal Year (FY) 2008 Major Selection Board and adjusting the date of rank and effective date of her promotion to major...