DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. NR2627-14
7 August 20134
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: {a) 10 U.S.C. 1552
Enel: (1) DD Form 149 dtd 11 Dec 13 w/attachments
(2) HOMC RCT memo undtd
(3) 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 to show the lineal position, date of rank,
and effective date in the grade of lieutenant colonel he would
have been assigned had he been selected for promotion to that
grade by the Fiscal Year (FY} 2012 Active Reserve (AR)
Lieutenant Colonel Selection Board, vice the FY 2014 AR
Lieutenant Colonel Selection Board. He also impliedly requested
removing his failures of selection by the FY 2012 and 2012 AR
iieutenant Colonel Selection Boards.
2. The Board, consisting of Messrs. Gattis, Green and Ivins,
reviewed Petitioner's allegations of error and injustice on 7
August 2014, 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 ail
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. After Petitioner had failed of selection by the FY 2012
and 2013 AR Lieutenant Colonel Selection Boards, the
Headquarters Marine Corps (HOMC) Performance Evaluation Review
Board directed modifying his fitness reports for 30 June 2005 to
23 June 2006, 23 June 2006 to 30 June 2007 and 1 July 2007 to 14
June 2008 by removing section K (reviewing officer's marks and
comments). With a corrected record, he was selected by the FY
2014 AR Lieutenant Colonel Selection Board, and he was promoted
with a date of rank and effective date of 1 December 2013.
c. In enclosure (2), the HOMC office with cognizance over
the subject matter of Petitioner’s case has commented to the
effect that the request has merit and warrants favorable action.
That office specifically recommended adjusting his lieutenant
colonel date of rank and effective date to 1 February 2012, the
date of rank and effective date he would have been assigned, had
he been promoted pursuant to selection by the FY 2012 Lieutenant
Colonel Selection Board. ,
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds an
injustice warranting the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show he
has not failed of selection for promotion to lieutenant colonel.
b. That his record be corrected further to show his date of
rank and effective date in. the grade of lieutenant colonel as 1
February 2012, rather than 1 December 2013; and that his lineal
precedence be adjusted accordingly.
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.
d. 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.
fh a
SrA A, laqrAer
ROBERT D. Z2SALMAN 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.
ROBERT D. ZSALMAN
Acting Executive Director
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