DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. NR5915-14
22 May 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj, Sy
REVIEW OF NAVAL RECORD ©
Ref: (a) 10 U.S.C, 1552
) DD Form 149 dtd 4 Feb 14 w/attachments
) HOMC MMRP-13/PERB memo dtd 29 Apr 14
) HOMC MMRP-50 memo dtd 1 May 14
) Subject's naval record
Encl:
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 modifying section K (reviewing officer
(RO)'s marks and comments) of the fitness report for 15 to 21
September 2011 to show the RO had “Insufficient” rather than
“Sufficient” observation, to match the comments in section k.4.
Enclosure {2) shows that the Headquarters Marine Corps (HOMC)
Performance Evaluation Review Board has directed the requested
modification, specifically, changing the entry in section K.1
(“Observation”) from wSufficient” to “Insufficient,” removing
the “Concur” entry from section K.2 (“Evaluation”) and removing
the mark from section K.3 (RO's “Comparative Assessment”).
Petitioner further requested removal of his failure of selection
for promotion before the Fiscal Year 2015 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. Hicks, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on 22.
May 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. In enclosure (3}, the HOMC Counseling and Evaluation
Section has commented to the effect that Petitioner’s request to
remove his failure of selection to major 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.
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