DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. NR13102-14
29 January 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 4 Dec 14 w/attachments
(2) Copy of Subject’s fitrept for 2 Jun to 2 Nov 07
(3) MMRP-SO memo dtd 27 Jan 15
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 his failures of selection before the Fiscal
Year (FY) 2013 and 2015 Chief Warrant Officer 5 (CWO5) Selection
Boards. Because of the failures of selection for promotion, he is
scheduled to be involuntarily retired on 1 May 2015.
2. ‘he Board, consisting of D7
ae, reviewed Petitioner's allegations of error and injustice on
29 January 2015, 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 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. Enclosure (2) is a-copy of the adverse fitness report whose
removal has been directed by the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board. This report was in
Petitioner's Official Military Personnel File (OMPF) for the FY 2013
promotion board. For the FY 2015 promotion board, this report was
not in the OMPF, but it was still on Petitioner’s Master Brief Sheet;
and he was in a failed of selection status.
c. In enclosure (3), the HQMC office with cognizance over the
subject matter of Petitioner’s case has commented to the effect that
the request to remove the failures 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 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 CWO5 as an officer
who has not failed of selection for promotion to that grade.
b. That any retirement or other action based in any way on
Petitioner’s failures of selection before the FY 2013 and 2015 CWO5
Selection Boards be cancelled and, if necessary, that related
documentation be removed from his record.
c. 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.
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.
JONATHAN S. RUSKIN
Recorder
S. 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
2
foregoing corrective action taken under the authority of reference
(a), has been approved by the Board on behalf of the Secretary of
the Navy.
ROBERT J. O'NEILL
Executive Director
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