DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 191-11
13 January 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: {a) 10 U.S.C, 1552
Encl: DD Form 149 dtd 28 dul 10 w/attachments
HOMC MMER/PERB memo dtd 6 Dec 10
HOMC MMOA-4 memo dtd 22 Dec 10
Subject's naval record
mWN
i al
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 the fitness report for 1 October
2009 to 15 May 2010, a copy of which is at Tab A. As indicated
in enclosure (2), the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board has directed removing the
contested report. Petitioner further requested removing his
failure of selection by the Fiscal Year 2011 Chief Warrant
Officer 3 (CWO3) Selection Board, so as to be considered by the
selection board next convened to consider officers of his
category for promotion to CWO3 as an officer who has not failed
of selection for promotion to that grade. Finally, he requested
consideration by a special selection board. This request was
not considered, as Petitioner may submit a request for a special
selection board directly to the Secretary of the Navy, via HQMC
{(MMPR-1), on the basis of the corrective actions in this case by
the PERB (removal of fitness report) and this Board (removal of
failure of selection for promotion).
2. The Board, consisting of Messrs. Chapman, Dunn and Ivins,
reviewed Petitioner's allegations of error and injustice on 13
January 2011, and pursuant to its reguiations, 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. Except as indicated in paragraph 1 above, 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), the HOMC
office with cognizance over the subject matter of Petitioner's
request to remove his failure 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 enclosure (3), the Board finds the
existence of an injustice warranting the following corrective
action:
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
CWO3 as an officer who has not failed of selection for promotion
to that grade. ,
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 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.
Ponsa 4. ae
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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