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

BJG
Docket No: 628-07
2 March 2007

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy
Subj:	 REVIEW OF NAVAL RECORD
Ref:	(a) Title 10 U.S.C. 1552

End:	(1) DD Form 149 dtd 22 Jan 07 w/encls
(2)	Subject’s e-mail dtd 27 Feb 07
(3)	HQMC NMOA-4 memo dtd 20 Feb 06 (sic)
(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 her naval record be corrected by removing her failure of selection by the Fiscal Year (FY) 2007 Chief Warrant Officer 4 (CWO4) Selection Board. By enclosure (2), she added a request to remove her failure of selection by the FY 2006 CWO4 Selection Board, so as to be considered by the selection board that next convenes to consider officers of her category for promotion to the grade of CWO4 as an officer who has not failed to that grade.

2.	The Board, consisting of Ms. Ballinger and Messrs. Bowen and Chapman, reviewed Petitioner’s allegations of error and injustice on 1 March 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 correspondence at enclosure (3), the Headquarters Marine Corps Officer Counseling and Evaluation Section, Personnel Management Division has commented to the effect that Petitioner’s 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 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 CWO4 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.

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103

ZN REPLY REFER TO:
1600
MMOA-4
20 Feb 06

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Ref (a) MMER Request for Advisory Opinion in the case of

	1.	Recommend approval of her request for removal of her failures of selection.

	2. 	Per the reference, we reviewed	record and petition. filed selection on the FY06 and FY07 USMC Chief Warrant Officer Selection Boards. She successfully petitioned the Performance Evaluation Review Board (PERB) to remove specific Reviewing Officer comments from AN report dated 20001003 to 20010430 and AN report dated 20040501 to 20041022.

3. In our opinion, the petitioned Reviewing Officer comments contained competitive concerns that may have contributed in her failures of selection. Removal of these comments increases the
competitiveness of’ record. Therefore, we recommend approval of her request for removal of the failures of selection.

4. POC is LtCol  at (703) 784-9281.

Lieutenant Colonel, USMC
Head, Officer Counseling and
Evaluation Section
Personnel Management Division