DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 11641-10
3 February 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
ss a_i Ee ON
REVIEW OF NAVAL RECORD
Ref: (a} WO U\S. 1552
Encl: (1) DD Form 149 dtd 3 Oct 10 w/enclosures
(2) HQOMC JAM3 memo dtd 10 Dec 10 and
MMPR memo dtd 6 Jan il
(3) 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, in effect, that the applicable naval
record be corrected to show the lineal position, date of rank,
and effective date in the grade of major Petitioner would have
been assigned had he been selected for promotion to that grade
by the Fiscal Year (FY) 2008 Major Selection Board, rather than
the FY 2011 Major Selection Board. He specifically requested
adjusting his major date of rank and effective date from 1
October 2010 to 1 July 2007.
2. The Board, consisting of Ms. Aldrich and Messrs. McBride and
Pfeiffer, reviewed Petitioner's allegations of error and
injustice on 3 February 2011, 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 policiés.
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 correspondence attached as enclosure (3), “tehe
Headquarters Marine Corps offices with cognizance over the
subject matter of this case have commented to the effect that
the request has merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action. f
RECOMMENDATION :
a. That Petitioner's naval record be corrected, where
appropriate, to show his date of rank and effective date in the
grade of major as 1 July 2007, rather than 1 October 2010; and
that his lineal precedence be adjusted accordingly.
b. That his record be corrected further to show he was not
removed from the FY 2008 Major Promotion List, and therefore did
not fail of selection to major.
c. 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 Pobre:
d. 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 mo 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.
Drain Pra ue s Jb, xpagle rey
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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