DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 3187-11
11 April 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 3 Dec 10 w/attachments, incl
Subject’s e-mail dtd 31 Jan 11 and RO’s memo
~ dtd 30 Jan 11
(2) HOMC MMER/PERB memos dtd 9 and 21 Mar 11
(3) HOMC MMOA-4 memo dtd 21 Mar 11
(4) Subj’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by modifying the
fitness report for 22 June 2008 to 31 March 2009 (copy at Tab
A) by removing section K (reviewing officer's (RO’s) marks and
comments). In his electronic mail of 31 January 2011 at
enclosure (1), Petitioner modified his application, in
accordance with the RO’s memorandum dated 30 January 2011, also
at enclosure (1), to request raising the mark in section K.3
(RO’s “Comparative Assessment”) from the fourth best of eight
possible marks to the second best, and replacing the RO’s
comments in section K.4 with the following revised comments:
He is one of the top 3-4 LtCols [lieutenant colonels]
in the Division. He is a complete officer with superior
leadership tools. Highly dedicated, he fought through
adversity with professional aplomb, and conquered
exceptional challenges with grace and style. He is the
type of talented officer the Marine Corps needs to help
conquer the world of chaos, confusion and uncertainty
that it must give order too [sic]. An Exceptional Asset
to the Marine Corps. He should be a FUTURE GENERAL
OFFICER!! PROMOTE TO COLONEL IMMEDIATELY! !
Enclosure (2) reflects that the Headquarters Marine Corps
(HOMC) Performance Evaluation Review Board has directed the
requested correction of Petitioner’s fitness report record.
Petitioner further requested removing his failure of selection
by the Fiscal Year (FY) 2012 Colonel Selection Board, so as to
be considered by the selection board next convened to consider
officers of his category for promotion to colonel as an officer
who has not failed of selection for promotion.
2. The Board, consisting of Messrs. Green, Pfeiffer and Vogt,
reviewe¢ allegations of error and @njustice on 7-April 2011,
and pursuant to its regulations, determined that the caqrréc e
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. Petitioner exhausted all administrative remedies which
were available under existing law and regulations within the
Department of the Navy.
b. In enclosure (3), the HOMC office with cognizance over
Petitioner’s request to remove his failure of selection to
colonel 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 an
injustice warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
his failure of selection by the FY 2012 Colonel Selection
Board, so that he will be considered by the earliest possible
selection board convened to consider officers of his 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.
2
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 ina
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 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.
Loa \
W. DEAN PF R
Executive D¥Yréctor
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