DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 00150-11
25 February 2011
From: Chairman, Board for Correction of Naval Records
TO Secretary of the Navy
ss sxXKH_ Ey
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.8.C, 1552
Encl: (1) DD Form 149 dtd 5 Jan 11 w/attachments
(2) HOMC MMOA-4 memo dtd 18 Feb 11
(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 by removing his failures of selection before the Fiscal
Year (FY) 2011 and 2012 Major Selection Boards, so as to be considered
by the selection board that next convenes to consider officers of
his category for promotion to the grade of major as an officer who
has not failed of selection to that grade. Because of the failures
of selection for promotion, he is scheduled to be involuntarily
discharged on 1 July 2011.
2. The Board, consisting of Ms. Countryman and Messrs. Gattis and
Whalen, reviewed Petitioner's allegations of error and injustice on
25 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 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 office having cognizance over the subject
matter of Petitioner's request to strike his failures of selection
for promotion has commented to the effect that this 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
RECOMMENDATION:
a. That Petitioner's naval record be corrected so that he will
be considered by the earliest possible selection board convened to
consider officers of his category for promotion to major as an officer
who has not failed of selection for promotion to that grade.
b. That any discharge or other action based in any way on
Petitioner's failures of selection before the FY 2011 and 2012 Major
Selection Boards be cancelled and, if necessary, that related
documentation be removed from his record.
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 Furure.
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. 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.
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.
RS Fd
Vee W. DEAN PFEIFFER
Executive Director
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