DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S,. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. 3443-12
18 October 2012
From: Chairman, Board for Correction of Naval Records
TOR Secretary of the Navy
| eT
REVIEW OF NAVAL RECORD (PARTIAL TION)
s Ref: (a) 10 U.S.C. 1552
/
Enel (1) DD Form 149 dtd 15 Mar 12 w/attachments
‘ (2) BCNR file, docket no 1582-11
(3) HOMC MMER/PERB memo dtd 27 Aug 12
(4) Subject’s ltr dtd 10 Oct 12 w/enclosure
(S) HOMC MMSB-50 memo dtd 7 Sep 12
(6) 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 completely removing the fitness report
for 18 June 2007 to 31 May 2008 (copy at Tab A), modified in his
previous case by the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board (PERB) by removal of
section K (reviewing officer (RO) marks and comments). As shown
in enclosure (2), the file on his previous case, on 10 March
2011, the Board denied this request. He also made new requests
to modify the fitness report for 29 March 2010 to 15 July 2011
(copy at Tab B), by removing section K, and remove his failure
of selection by the Fiscal Year 2013 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. As shown in enclosure (3), the PERB has directed the
requested modification of the report for 29 March 2010 to 15
July 2011.
2. The Board, consisting of Ms. Countryman and Messrs. Spooner
and Swarens, reviewed Petitioner's allegations of error and
injustice on 18 October 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 enclosure (3), PERB has commented to the effect that
the fitness report for 18 June 2007 to 31 May 2008 should stand,
but that the report for 29 March 2010 to 15 July 2011 should be
modified as Petitioner requested.
c. Petitioner contends that the contested fitness report
for 18 June 2007 to 31 May 2008 was in reprisal for his
complaints, to both the reporting senior (RS) and the chain of
command, of questionable conduct by the RS. In enclosure (4),
his reply to the PERB report, he says “I believe it is
unreasonable to believe that the RS would have marked me ©
objectively in the RS portion, while making harmful recommended
comments for the RO - comments that have since been expunged.”
d. In enclosure (5), 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 in
light of the fitness report modification directed by PERB, this
request has merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosures (3) and (5), the Board finds
the existence of an injustice warranting partial relief,
specifically, removal of Petitioner's failure of selection to
major. In finding that the contested fitness report for 18 June
2007 to 31 May 2008 should stand, the Board is unable to find
that this report was in reprisal for Petitioner’s complaints
against the RS, nor can the Board find that the RS authored the
comments in the removed section K of this report. In view of
the above, the Board directs the following limited 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.
d. That the remainder of Petitioner’s request be denied.
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.
Dvn TRY gL. bpobw
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.
Seed Se ,
Fea W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2009 | 01229-09
Documentary material considered by the Board consisted of the enclosures (except enclosure (2)), naval records, and applicable statutes, regulations and policies. The Board finds Petitioner’s FY 2009 and 2010 failures should be removed as well, since the marks cited above were in his record for both of the promotion boards concerned, and removing all failures is necessary to restore Petitioner to the status he enjoyed, before the FY 2008 Lieutenant Colonel Selection Board, as an officer who...
NAVY | BCNR | CY2009 | 09249-09
The Board, consisting of Messrs. Ivins, Vogt and Zsalman, reviewed Petitioner's allegations of error and injustice on 29 October 2009, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. ‘Enclosure (2), the report of the PERB, reflects that Petitioner's request concerning the report for 31 May to 9 September 2006 was granted, but comments to the effect that Petitioner’s request to modify the report for 5...
NAVY | BCNR | CY2009 | 08270-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BIG Docket No: 8270-09 14 August 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub] : “eee ar eet REVIEW OF NAVAL RECORD Ref: (a} Title 10 U.S.C. 1552: Encl: (1) DD Form 149 dtd 18 Mar 09 w/attachments (2) HQMC MMER/PERB memo dtd 26 Jun 09 (3) HOMC MMOA-4 memo dtd 21 Jul 09 (4) Subject’s naval record Pursuant to the provisions of reference-(a),...
NAVY | BCNR | CY2010 | 09822-10
The PERB took this action because Petitioner “submitted compelling evidence to indicate that the RO’s evaluation may have been biased and possibly influenced by factors other than the petitioner’s performance.” The PERB denied Petitioner’s request to remove the entire report, because it found the RS had provided him performance counseling, the RS's marks and comments did not indicate any bias or unfairness, and Petitioner had “failed to sufficiently establish his claim that the RS’ part of...
NAVY | BCNR | CY2007 | 09077-07
By letter dated 7 June 2005, the Commandant of the Marine Corps (CMC) recommended to the Secretary of the Navy (SECNAV) that Petitioner’s name be withheld from the FY 2006 Colonel Promotion List. This advisory stated he was withheld from the FY 2006 promotion list because of the adverse fitness report (which had not yet been removed), and that without the report, his record is “obviously competitive.” Petitioner was not considered by the FY 2007 Colonel Selection Board. p. Enclosure (15)...
NAVY | BCNR | CY2014 | NR5915 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7015S. In enclosure (3}, the HOMC Counseling and Evaluation Section has commented to the effect that Petitioner’s request to remove his failure of selection to major 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.
NAVY | BCNR | CY2009 | 05169-09
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 her naval record be corrected by removing the fitness report for 10 October 2007 to 30 March 2008, a copy of which is at Tab A. That Petitioner’s naval record be corrected by removing the following fitness report and related material: Period of Report From To 10 Oct 07 30 Mar 08 ‘Date of Report 17 Jul 08 b. e....
NAVY | BCNR | CY2006 | 07196-06
As reflected in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed removing the contested section K’s and the word quiet,” and HQMC has modified the report for 1 August 1999 to 29 February 2000 to show “CAPT” (captain) vice “MAJ” (major) in section A, item i.e (grade). If Petitioner is correct that he did not receive a copy of the report when it was completed, the Board finds this would not be a material error warranting relief, as...
NAVY | BCNR | CY2010 | 09536-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No. 1552 Encl: (1) DD Form 149 dtd 22 Apr 10 w/attachments (2) HQMC MMER/PERB memo dtd 27 Aug 10 (3) Subject's naval record ‘Li 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 the applicable naval record be corrected by modifying the fitness report for...
NAVY | BCNR | CY2011 | 01582-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No: 1582-11 10 March 2011 From: Chairman, Board for Correction of Naval Records Tes Secretary of the Navy ij REVIEW OF NAVAL RECORD Ref: fa) Title 10 U.S.C. 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 removing...