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

	BJG
	Docket No: 7043-05 
	25 August 2005

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 Forms 149 dtd 26 May & 9 Aug 05, each w/attachments
(2)	HQMC MMER PERB ltr dtd 19 Aug 05
(3)	HQMC MMOA—4 memo dtd 22 Aug 05
(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 modifying the fitness reports for 8 November 1998 to 1 August 1999 and 1 July 2002 to 31 January 2003, copies of which are at Tabs A and B, respectively. As explained in enclosure (2) , the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed modification to both reports as he requested. He further requested removal of his failure of selection before the Fiscal Year (FY) 2006 Lieutenant 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 lieutenant colonel as an officer who has not failed of selection to that grade.

2.	The Board, consisting of Messrs. Exnicios, Goldsmith and Zsalman, reviewed Petitioner’s allegations of error and injustice on 25 August 2005, 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 Officer Counseling and Evaluation Section, Personnel Management Division (MMOA-4) has commented to the effect that Petitioner’s request to remove his failure of selection 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 the existence of 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 lieutenant colonel as an officer who has not failed of selection 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.
									W. DEAN PFEIFFER