DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 3290-11
2 June 2011
From: Chairman, Board for Correction of Naval Records
Tor Secretary of the Navy
Sj
REVIEW OF NAVAL RECORD
Ref: (a) 1O U.S.C. LSs2
Encl: (1) DD Form 149 dtd 18 Mar 11 w/attachments
(2) Memo for record dtd 19 Apr 11
(3) HOMC MMOA-4 memo dtd 25 May 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 failure of selection by the
Fiscal Year (FY) 2012 Lieutenant Colonel Selection Board, so as
to be considered by the selection board next convened to
consider officers of his category for promotion to lieutenant
colonel as an officer who has not failed of selection for
promotion to that grade.
2. The Board, consisting of Mr. Chapman, Dr. Garst and Mr.
Whalen, reviewed Petitioner's allegations of error and injustice
on 2 June 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) verifies that Petitioner’s certificates of
completion of Command and Staff College were not entered in his
Official Military Personnel File (OMPF) until 19 January 2011
(after the FY 2012 Lieutenant Colonel Selection Board, 17 August
to 8 September 2010).
c. In correspondence attached as enclosure (3), the
Headquarters Marine Corps office with cognizance over the
subject matter of Petitioner’s case has commented to the effect
that the request has merit and warrants favorable action. That
office commented to the effect that Petitioner exercised due
diligence in an effort to have his certificates entered in his
OMPF in time for the FY 2012 promotion board, and that their
absence harmed his chances for selection.
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
lieutenant 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.
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, 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.
Brezm ¥. [Pie XY
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.
eS as a
FOm Ww. DEAN PFEIFFER
Executive Director
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