DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JSR
Docket No. 8164-11
4 August 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: & aa a,
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Forms 149 (2) dtd 1 Feb 11 and
26 Jul 11, each w/attachments
(2) HQOMC MMER/PERB memo dtd 7 Jul 11
(3) HOMC MMOA-4 memo dtd 1 Aug il
(4) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to ag Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected by removing the fitness report for 30
November 2007 to 1 May 2008, a copy of which is at Tab A. As
indicated in enclosure (2), the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board has directed removing this
report. Petitioner further requested removing his failure of
selection by the Fiscal Year 2012 Major Selection Board, so as
to be considered by the selection board next convened to
consider officers of his category for promotion to major as an
officer who has not failed of selection for promotion to that
grade.
2. The Board, consisting of Ms. Trucco and Messrs. Grover and
McBride, reviewed Petitioner's allegations of error and
injustice on 4 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 all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. In correspondence attached as enclosure (3), the HOMC
office with cognizance over the subject matter of Petitioner's
request to remove his failure of selection for promotion 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 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
major 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 in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
A. Tt its 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.
Sunathiun! byatevns
ROBERT D. ASALMAN 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
behaif of the Secretary of the Navy.
yard
V AW. DEAN PFEIFFER
Executive Director
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