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

BJG
Docket No: 94-07
25 January 2007

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

Ref:	(a) Title 10 U.S.C. 1552

End:	(1) DD Form 149 dtd 9 Nov 06 w/encls
(2)	HQMC MMER/PERB memo dtd 15 Dec 06
(3)	HQMC NMOA-4 memo dtd 26 Dec 06
(4)	Subject’s naval record

1.	Pursuant tQ 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 removing the fitness report for 15 December 2003 to 14 May 2004, a copy of which is in enclosure (1) at Tab A. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board has directed removing the contested report. He further requested removing his failure of selection by the Fiscal Year 2007 Captain 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 captain as an officer who has not failed to that grade.

2.	The Board, consisting of Messrs. Bowen, Mann and Schultz, reviewed Petitioner’s allegations of error and injustice on 25 January 2007, and pursuant to its regulations, determined that the limited corrective action indicated below should be taken of 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 HQMC Officer Counseling and Evaluation Section, Personnel Management Division has commented to the effect that Petitioner’s request to remove his failure of selection to captain has merit and warrants corrective action.

CONCLUSION:

RECOMMENDAT ION

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 the following corrective action.

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 captain 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					JOHNATHON 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
Executive Director