DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 84-11
10 March 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: ee
NAVAL RECORD
Ref: (a) 10 U,S46. 1552
Encl: (1) DD Form 149 dtd 20 Dec 10 w/attachments
(2) HOMC RCT memo dtd 24 Feb 11 w/enclosure
(3) HOMC MMPR-1 e-mail dtd 4 Mar 11
(4) 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 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 Colonel Selection Board. He also requested removing
his failures of selection by the FY 2009 and 2010 Reserve
Lieutenant Colonel Selection Boards.
2. The Board, consisting of Messrs. Chapman, Hotopp and Sproul,
reviewed Petitioner's allegations of error and injustice on 10
March 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 correspondence attached as enclosure (2), the
Headquarters Marine Corps (HQMC) office with cognizance over the
subject matter of Petitioner’s case has commented to the effect
that the request has merit and warrants favorable action.
c. In enclosure (3), the HOMC Promotion Branch advised that
1 November 2008 is the date of rank and effective date
Petitioner would have been assigned, had he been promoted
pursuant to selection by the FY 2009 Reserve Lieutenant Colonel
Selection Board.
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 by removing
his failures of selection by the FY 2009 and 2010 Reserve
Lieutenant Colonel Selection Boards.
b. That his record be corrected further to show his date of
rank and effective date in the grade of lieutenant colonel as 1
November 2008, rather than 1 August 2010; and that his lineal
precedence be adjusted accordingly.
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 future.
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 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.
fo
Dyn Ter € —” [lat
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 eA.
enyW. DEAN PFEIFFER
Executive Director
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