’ DEPARTMENT OF THE NAVY
BOARD FOH CORRECTION UF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Tackat Noe MNPATEC-13
30 October 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
—=—
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 7 Aug 13 w/attachments -
(2) Copy of uncorrected fitrept for
23 May - 31 Oct 03
(3) HOMC MMRP-50 memo dtd 12 Aug 14
(4) Subject’s ltr dtd 4 Sep 14 w/enclosures
and ref 1 ,
(5) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, reconsideration of his previous request, docket number
NR6853-13, denied on 15 August 2013, to modify the fitness
report for 14 January 2008 to 1 June 2009. As he had provided
no new and material evidence or other matter not previcusly
considered, this request was not reconsidered. He also made a
new request to remove his failure of selection by the Fiscal
Year (FY) 2014 Lieutenant Colonel Selection Board and grant him
consideration by a special selection board (SSB). After he had
submitted his application, he failed of selection by the FY 2015
Lieutenant Colonel Selection Board. It is presumed he also
requests removing his failure of selection by that promotion
board.
2. The Board, consisting of Messrs.
reviewed Petitioner’s allegations of error and injustice on 30
October 2014. Pursuant to the Board’s regulations, the
majority, Messrs. MMMM Getermined that the
corrective action indicated below should be taken on the
available evidence of record. The minority, iy
recommended that Petitioner's request be denied. Documentary
material considered by the Board consisted of the enclosures,
naval records,
policies.
and applicable statutes, regulations and
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 which were available under existing law
and regulations within the Department of the Navy.
b. Enclosure (1) was filed ina timely manner.
c. The Headquarters Marine Corps (HOMC) Performance
Evaluation Review Board granted Petitioner's request to modify
the fitness report for 23 May to 31 October 2009 by raising the
marks in sections D.1 (“performance”) and D.2 (*proficiency”)
from "“D" (fourth best of seven possible marks) to *E” (third
best) and raising the mark in section K.3 (reviewing officer's
*Comparative Assessment”) from the fourth best of eight possible
marks to the third best. A copy of the uncorrected report is at
Tab A. These corrections were effected on 27 June 2013, after
Petitioner had failed of selection by the FY 2014 Lieutenant
Colonel Selection Board {convened on 14 August 2012), but before
his failure of selection by the FY 2015 promotion board
(convened on 20 August 2013).
d. In enclosure (3), the HOMC Counseling and Evaluation
Personnel Management Division commented to the effect that
Petitioner's request should be denied, because the changes to
his fitness report would not have enhanced his competitiveness
relative to his peers. That office identified aspects of his
record that would have reduced his chances for selection.
Petitioner’s reply to the advisory
opinion at enclosure (3), Petitioner maintained that he would
have been competitive before the FY 2014 promotion board, had he
enjoyed the benefit of a corrected record.
e. In enclosure {4),
MAJORITY CONCLUSION:
Upon review and consideration of all the evidence of record, and
notwithstanding enclosure (3), the majority of the Board finds
an injustice warranting the requested relief. In this regard,
the majority is not persuaded that Petitioner's selection by the
FY 2014 promotion board, witha corrected fitness report record,
would have been definitely unlikely. The majority notes that
Petitioner’s failure of selection by the FY 2015 promotion
board, for which he had a corrected fitness report record, must
2
be removed to restore him to the status he had for the FY 2014
board, as an officer who had not failed of selection. In view
of the above, the majority recommends the following corrective
action:
MAJORITY 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
lieutenant colonel as an officer who has not failed of selection
for promotion to that grade.
b. That he be afforded SSB consideration for the FY 2014
Lieutenant Colonel Selection Board and, if necessary, the FY
2015 Lieutenant Colonel Selection Board.
c. That any material or entries inconsistent with or
relating to the majority's recommendation be corrected, removed
or completely expunged from Petitioner's record and that no such
entries be added to the record in the future.
MINORITY CONCLUSION:
Upon review and consideration of all the evidence of record, the
minority of the Board substantially concurs with enclosure (3)
in finding Petitioner’s request should be denied. Accordingly,
the recommendation of the minority is as follows:
MINORITY RECOMMENDATION:
a. That Petitioner’s request be denied.
4. 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.
JONATHAN S. RUSKIN
Recorder
a ie
5.° The foregoing report of the Board is submitted for your
review and action.
ROBERT J. O’ NEILL
MAJORITY REPORT 2 ( 3/1 S
Recommendations a and c reviewed and approved; recommendation b
reviewed and approval recommended:
R BERT L WOODS
peel istant General Counse
tat Gone ave Ata)
~ 4000 New Pentagon, Rm 40548
TcooNew DC 20350-1000
Consideration by an SSB for the ‘FY 2014 Lieutenant Colonel
Selection Board and, if necessary, the FY 2015 Lieutenant
Colonel Selection Board is approved:
FEB 26 205
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