DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 01746-11
24 March 2011
From: Chairman, Board for Correction of Naval Records
TS: Secretary of the Navy
W OF NAVAL RECORD
Ref: fa) 10 U.8«€. D552
Encl: (1) DD Form 149 dtd 1 Feb 11 w/enclosures
(2) HQMC MMOA-4 memo dtd 14 Mar il
(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 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) 2010 Lieutenant Colonel
Selection Board, rather than the FY 2011 Lieutenant Colonel
Selection Board.
2. The Board, consisting of Messrs. ae pm (iy
reviewed Petitioner's allegations of error and injustice on 24
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 policiéss.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and. imjuebaiee,
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 Petitioner’s previous case, docket number 6506-09
(copy of Report of Proceedings in enclosure (1)), the Board
directed removing his failure of selection by the FY 2010
Lieutenant Colonel Selection Board because of an error in the
dates on two of his fitness reports. With this error corrected
and status as an officer who had not failed of selection for
promotion, he was selected by the FY 2011 Lieutenant Colonel
Selection Board. He was promoted with a date of rank and
effective date of 1 December 2010.
subject matter of this case has commented to the effect that
Petitioner's request has merit and warrants favorable action,
specifically, adjusting his lieutenant colonel date of rank and
effective date to 1 October 2010.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected, where
appropriate, to show his date of rank and effective date in the
grade of lieutenant colonel as 1 October 2010, rather than al
December 2010; and that his lineal precedence be adjusted
accordingly.
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. 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.
ROBERT D. ZSALMAN
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 PFE
Executive Di
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