DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. 8597-12
12 October 2012
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
DD Form 149 dtd 11 Mar 12 w/attachments
Encl: (1)
(2) HOMC MMER/PERB memo dtd 29 Aug 12
(3)
(4)
HOMC MMSB-50 memo dtd 7 Sep 12
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 modifying the fitness report for 1 June
2008 to 29 May 2009 (copy at Tab A) by removing section K
(reviewing officer’s marks and comments). As indicated in
enclosure (2), the Headquarters Marine Corps (HOMC) Performance
Evaluation Review Board has directed the requested modification.
Petitioner further impliedly requested removing his failures of
selection by the Fiscal Year (FY) 2012 and 2013 Colonel
Selection Boards, 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 to that grade. The FY 2014 Colonel Selection Board
convened on 5 September 2012 and adjourned on 1” September 2012,
but the results have not yet been released.
2. The Board, consisting of Ms. Aldrich and Messrs. Chapman and
Genteman, reviewed Petitioner's allegations of error and
injustice on 12 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 correspondence attached as enclosure (3), the HQMC
office with cognizance over the subject matter Or Petitioners
request to remove his failures of selection for promotion has
commented to the effect that in light of the PERB action, 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
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 in a
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.
neal
Omran © f/lotn
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.
“Tk ee
ea_W. DEAN PFEIFFER
Executive Director
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