DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 1430-11
17 March 2011
From: Chairman, Board for Correction of Naval Records
Tos Secretary of the Navy
ee
REVIEW OF NAVAL RECORD
Ref: {a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 18 Jan 11 w/attachments
(2) Copy of Subjects fitrept
for 10 Oct 06 to 21 Jun 07
(3) HOMC RCT memo dtd 8 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 by removing his failures of selection by the
Fiscal Year (FY) 2009, 2010 and 2011 Reserve Colonel Selection
Boards.
2. The Board, consisting of Messrs. Hedrick, W. Hicks and
Spooner, reviewed Petitioner's allegations of error and
injustice on 17 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. Enclosure (2) is a copy of the adverse fitness report
the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board has directed removing from Petitioner’s record.
This report was entered in his record on 5 September 2007 and
removed on 23 September 2010. The promotion boards in question
met on 23 October 2007, 15 October 2008 and 9 September 2009,
respectively.
c. In correspondence attached as enclosure (3), the HOMC
office with cognizance over the subject matter of Petitioner's
request has commented to the effect that it has merit and
warrants favorable action, as the later removed fitness report
was considered by the FY 2009, 2010 and 2011 promotion boards.
That office stated that the report was not considered by any of
the other promotion boards by which Petitioner has failed of
selection (FY 2005 through 2008 and 2012).
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 by removing
his failures of selection by the FY 2009, 2010 and 2011 Reserve
Colonel Selection Boards, leaving in his record his failures of
selection by the FY 2005 through 2008 and 2012 Reserve Colonel
Selection Boards.
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.
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.
W. DEAN PH
Executive
bo
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