DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
Joi S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. NR3482-14
28 August 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj: yo" as
REVIEW OF NAVA
Ref: (a) 210 U.S.C. 1552
Encl: DD Form 149 dtd 28 Jan 14 w/attachments
HOMC MMRP-50 memo dtd 12 Aug 14
1)
2) HOMC MMPR memo atd 29 Jul 14
3)
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 to show the lineal position, date of rank,
and effective date in the grade of major he would have been
assigned had he been selected for promotion to that grade by the
Fiscal Year (FY) 2013 Major Selection Board, vice the FY 2014
Major Selection Board.
>. The Board, consisting of Ms. Countryman and Messrs. Genteman
and Spain, reviewed Petitioner's allegations of error and
injustice on 28 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 all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Enclosure (1) shows that in Petitioner's prior case,
docket number 03648-12, the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board directed removing his
fitness reports for 1 August 2009 to 31 May 2010 and 1 June to
18 August 2010, and this Board directed removing his failure of
selection by the FY 2013 Major Selection Board. With a
corrected record, he was selected by the FY 2014 Major Selection
Board, and he was promoted with a date of rank and effective
date of 1 January 2014.
cc, In enclosure (2), the HOMC Promotion Branch commented to
the effect that 1 August 2013 is the date of rank and effective
date Petitioner would have feen assigned, had he been promoted
pursuant to selection by the FY 2013 Major Selection Board.
d. In enclosure (3), the HQMC Counseling and Evaluation
Section commented to the effect that Petitioner’s current
request has merit and warrants favorable action. That office
specifically recommended adjusting his major date of rank and
effective date to 1 August 2013, consistent with enclosure (2).
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosures (2) and (3), the Board finds
an injustice warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show his
date of rank and effective date in the grade of major as 1
August 2013, rather than 1 January 2014; and that his lineal
precedence be adjusted accordingly.
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.
Drei a, Ln Zr
JONATHAN S. RUSKIN
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.
BERT . O'NEILL
Executive Director
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