DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100

		BJG
Docket No:5975-04
30 July 2004

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

Subj:
REVIEW OF NAVAL RECORD

Ref:	(a) 10 U.S.C. 1552
	End:	(1)	DD Form 149 dtd 23 Mar 04 w/attachments
		(2)	HQMC MMER memo dtd 16 Jul 04 w/encl
		(3)	HQMC MMOA-4 memo dtd 29 Apr 04
		(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 his naval record be corrected by replacing the original page 5 of the fitness report for 1 June 2001 to 2 May 2002, which shows no mark in item K.3 (reviewing officer’s “comparative assessment”), with a revised page 5 showing an item K.3 mark in the second highest block of eight possible. A copy of the original report is at Tab A, and a copy of the revised page 5 is at Petitioner’s enclosure (2) to his application. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has modified the report as he requested. He further requested removal of his failure of selection before the Fiscal Year (FY) 2005 Colonel Selection Board, so as to be considered by the selection board that next convenes to consider officers of his category for promotion to the grade of colonel as an officer who has not failed of selection to that grade.

2.	The Board, consisting of Messrs. Haney, Schultz and Silberman, reviewed Petitioner’s allegations of error and injustice on 29 July 2004, 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 correspondence attached as enclosure (3), the HQMC office having cognizance over the subject matter of Petitioners s request to strike his failure of selection for promotion has commented to the effect that this request has merit and warrants favorable action.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (3), the Board finds the existence of an injustice warranting relief. In view of the above, the Board directs the following corrective action.

RECOMMENDAT ION:

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 colonel 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 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.

ROBERT D. ZSALMAN	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.