DEPARTMENT OF THE NAVY
a pay tipe reg
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. NR7531-13
24 October 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: eer, Late re
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S». 1552
Encl: (1) DD Form 149 dtd 3 Jan 13
(2) HOMC MMER/PERB memo dtd 17 Jul 13
(3) HOMC MMSB-50 memo dtd 12 Aug 13
(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 the fitness report for 1 June
2009 to 31 May 2010 (copy at Tab A). Enclosure (2) reflects
that the Headquarters Marine Corps (HOMC) Performance Evaluation
Review Board has directed removing this report. Petitioner
further requested removing his failure of selection by the
Fiscal Year (FY) 2014 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 Messrs. Spooner, Swarens and
Wilson, reviewed Petitioner's allegations of error and injustice
on 24 October 2013, 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), MMSB-50, the HQMC officer counseling
and evaluation office, has commented to the effect that
Petitioner's request to remove his failure of selection for
promotion 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. 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 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.
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
Sa
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.
2 pad 2, KF
FC2- W. DEAN PFEIFFER
Executive Director
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