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

					 JSR
Docket No: 10267-07
15 May 2008

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

Subj: 

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

End:	(1) DD Form 149 dtd 14 Nov 07 w/attachments
(2)	MCRC memo dtd 20 Dec 07
(3)	HQMC MMOA-4 memo dtd 29 Apr 08
(4)	Subject’s naval record

1.	Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by changing the date of rank and acceptance date of his appointment as a warrant officer to reflect selection by the Fiscal Year (FY) 2006 Enlisted to Warrant Officer (Regular) Selection Board, vice the FY 2007 Enlisted to Warrant Officer (Regular) Selection Board.

2.	The Board, consisting of Messrs. Blanchard, Exnicios and Ivins, reviewed Petitioner’s allegations of error and injustice on 15 May 2008, 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 which were available under existing law and regulations within the Department of the Navy.

b.	Petitioner was considered, but not selected by the FY 2006 Enlisted to Warrant Officer (Regular) Selection Board, convened on 1 June 2005. Despite his timely corrective efforts
before the convening date, when that board considered him, his Master Brief Sheet had an erroneous “AD\T” (adverse) entry for one of his fitness reports, and his Official Military Personnel File lacked both a combat fitness report and a Certificate of Commendation All these matters were corrected in time for the FY 2007 Enlisted to Warrant Officer (Regular) Selection Board, convened on 1 June 2006, by which he was selected. Enclosure (2) shows he currently has a warrant officer date of rank and acceptance date of 2 February 2007.

c.	In correspondence at enclosure (3) , the Headquarters Marine Corps office with cognizance over the subject matter of Petitioner’s case has commented to the effect his request has merit and warrants favorable action. They specifically recommended adjusting his warrant officer date of rank and acceptance date to 1 February 2006, the date enclosure (2) indicates he would have had if he had been selected by the FY 2006 Enlisted to Warrant Officer (Regular) Selection Board.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of enclosure (3), the Board finds an injustice warranting the following corrective action:

RECONMENDAT ION:

a.	That Petitioner’s naval record be corrected to show the date of rank and acceptance date of his appointment as a warrant officer as 1 February 2006, vice 2 February 2007.

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 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

2

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 732.6(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

3