DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. 00391-12
24 February 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Encl: (1) Subject’s DD Form 149 dtd 28 Dec 11 w/attachments
(2) HOMC MMSB-50 memo dtd 15 Feb 12
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), counsel for
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 2012 Lieutenant
Colonel Selection Board.
2. The Board, consisting of Mses. Aldrich and Trucco and Mr.
Whalen, reviewed Petitioner's allegations of error and injustice
on 24 February 2012, 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 Petitioner's previous case, docket number 08493-10
(copy of Report of Proceedings at enclosure (1)), the
Headquarters Marine Corps (HQMC) Performance Evaluation Review
Board directed modifying two of Petitioner’s fitness reports,
and this Board directed removing his failures of selection by
the FY 2010 and 2011 Lieutenant Colonel Selection Boards.
Subsequently, he was selected by the FY 2012 Lieutenant Colonel
Selection Board and promoted with a date of rank and effective
date of 1 December 2011.
c. In correspondence attached as enclosure (2), the HOQMC
office with cognizance over the 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 July
2010.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
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 July 2010, rather than 1
December 2011; 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 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.
Orel di, [ltretire
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.
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