DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7o1 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON. VA 22204-2490
JSR
Docket No. NR455-15
12 February 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: east ewes terna
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C, 1552
Encl: (1) DD Form 149 dtd 21 Jan 15 w/attachments
(3) MMRP-50 memo dtd 4 Feb 15
4. 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 her failures of selection before the Fiscal
year (FY) 2015 and 2016 Lieutenant Colonel Selection Boards. She
also impliedly requested setting aside action to effect her
involuntary retirement on 1 July 2015 by reason of the failures of
selection for promotion.
2. The Board, consisting of Messrs. ee
reviewed Petitioner's allegations of error and injustice on
12 February 2015, and pursuant to its reguiations, 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. With her application, Petitioner provided a copy of her
fitness report for 13 November 2012 to 26 June 2013, whose removal
has been directed by the Headquarters Marine Corps (HOMC) Performance
Evaluation Review Board. This report was in her Official Military
Personnel File for both the FY 2015 and 2016 promotion boards.
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 to remove the failures ef selection for promotion has
merit and warrants favorabie action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds the existence
of an injustice warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected so that she will
be considered by the earliest possible selection board convened to
consider officers of her category for promotion to lieutenant colonel
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 2015 and 2016
Lieutenant Colonel Selection Boards be cancelled and, if necessary,
that related documentation be removed from her 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.
porattan df. lyre
JONATHAN S. RUSKIN
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
2
foregoing corrective action
(a), has been approve
the Navy.
d by the Board on behalf
taken under the authority of reference
of the Secretary of
ROBERT wo.
Executive
Oo’ WEILL
Director
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