DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 378-11
18 August 2011
From: Chairman, Board for Correction of Naval Records
TO¢ Secretary of the Navy
Subj: a
REVIEW OF NAVAL RECORD
Ref: fa} 10 U.S.C. 1552
Encl: DD Form 149 dtd 13 Sep 10 w/attachments
)
)} HOMC MMER/PERB memo dtd 30 Dec 10
) Subject’s ltr dtd 24 Jan 11 w/enclosures
) HOMC MMER/PERB memo dtd 15 Jun 11
) HOMC RCT memo dtd 17 Feb 10 (sic)
} Subject's naval record
nO uw BW NM
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 16
December 2009 to 30 June 2010, a copy of which is at Tab A. She
also impliedly requested removing her failure of selection by
the Fiscal Year 2012 Reserve Colonel Selection Board, so as to
be considered by the selection board next convened to consider
officers of her category for promotion to colonel as an officer
who has not failed of selection for promotion to that grade.
2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed Petitioner's allegations of error and
injustice on 18 August 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 ail
administrative remedies available under existing Law and
regulations within the Department of the Navy.
b. Enclosure (2) is the first of two reports of the
Headquarters Marine Corps (HOMC) Performance Evaluation Review
Board {PERB) in Petitioner’s case. This report reflects that
the PERB commented to the effect that her request to remove the
contested fitness report should be denied, but the PERB directed
that the report be modified by removing, from section I
(reporting senior’s “Directed and Additional Comments”)
“Sect [ion] A, Item 8.c: Joined command with insufficient time
to take the CFT [Combat Fitness Test] prior to the end of the
CFT period.”
c. Enclosure (3) is Petitioner’s rebuttal to the first PERB
report, objecting that the reporting senior held the same grade
as she did, but section K.4 (reviewing officer’s comments)
lacked the required comment authorizing the reporting senior to
act in that capacity.”
d. Enclosure (4) is the second PERB report, which comments
to the effect that Petitioner’s rebuttal does not support
removing the contested fitness report.
e. In enclosure (5), the HOMC office with cognizance over
the subject matter of Petitioner’s implied request to remove her
failure of selection for promotion commented to the effect that
this request should be approved in light of the PERB action to
modify the contested fitness report. That office also
recommended granting Petitioner consideration by a special
selection board, but she did not request this.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2), (4) and
(5), the Board finds the existence of an injustice warranting
partial relief, specifically, removal of Petitioner’s failure of
selection for promotion. The Board finds it a harmless error
that section K.4 of the contested fitness report lacked the
required comment. In view of the above, the Board directs the
following limited corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected so that she
will be considered by the earliest possible selection board
convened to consider officers of her category for promotion to
colonel 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.
ce. 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.
d. That the remainder of Petitioner’s request be denied.
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.
Sonata dé, blatin~
ROBERT D. ZSALMAN ; JONATHAN S&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 SD, Fear
FOr W. DEAN PFEIFFER
Executive Director
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