DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 12675-10
27 January 2011
From: Chairman, Board for Correction of Naval Records
TS: Secretary of the Navy
Subj: ; aoc,
REVIEW OF NAVAL RECORD
Ref: tah 10 0.8.€. I562
Encl: (1) DD Form 149 dtd 8 Nov 10 w/enclosures
(2) HOMC MMOA-4 memo dtd 1 Jan La
(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 lieutenant colonel Petitioner
would have been assigned had she been selected for promotion to
that grade by the Fiscal Year (FY) 2010 Lieutenant Colonel
Selection Board, rather than the FY 2011 Lieutenant Colonel
Selection Board.
2. The Board, consisting of Messrs. Exnicios, Whalen and
Zsalman, reviewed Petitioner's allegations of error and
injustice on 27 January 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 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 7111-09
(copy of Report of Proceedings at enclosure (1)), the Assistant
General Counsel (Manpower and Reserve Affairs) approved this
Board’s recommendation to remove her failure of selection by the
FY 2010 Lieutenant Colonel Selection Board. Subsequently, she
was selected by the FY 2011 Lieutenant Colonel Selection Board
and promoted with a date of rank and effective date of 1
November 2010.
c. In correspondence attached as enclosure (2), the
Headquarters Marine Corps office with cognizance over the
subject matter of this case has commented to the effect that
Petitioner's request has merit and warrants favorable action,
specifically, adjusting her lieutenant colonel date of rank and
effective date to 1 August 2009.
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.
RECOMMENDATION :
a. That Petitioner's naval record be corrected, where
appropriate, to show her date of rank and effective date in the
grade of lieutenant colonel as 1 August 2009, rather than 1
November 2010; and that her 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.
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 ina
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.
Poratha d. bev erw
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.
foe, Ww. DEAN PFEIFFER
Executive Director
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