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

JSR
Docket No: 10999-07
27 March 2008

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 30 Nov 07 w/attachments
(2)	HQMC JAM3 memo dtd 15 Mar 08
(3)	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 to show he was promoted on the retired list to lieutenant colonel, pursuant to selection by a special selection board, convened under title 10, United States Code (U.S.C.), section 628, for the Fiscal Year 2003 Lieutenant Colonel Selection Board (the promotion board by which he sustained his first failure of selection to lieutenant colonel), with a date of rank and effective date of 1 March 2003; that he has not failed of selection to lieutenant colonel; and that his~ retirement of 1 August 2007 was voluntary, rather than involuntary on the basis of failures of selection for promotion.

2.	The Board, consisting of Mses. Humphrey and McCormick and Mr. Blanchard, reviewed Petitioner’s allegations of error and injustice on 27 March 2008, and pursuant to its regulations, determined that relief should be denied. 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.	In correspondence at enclosure (2), 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.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of enclosure (2), the Board finds an injustice warranting the following corrective action:

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected to show he was promoted on the retired list to the grade of lieutenant colonel, U.S. Marine Corps, with a date of rank and effective date of 1 March 2003, under title 10, U.S.C., section 628.

b.	That his record be corrected further to show he has not failed of selection for promotion to lieutenant colonel.

c.	That his record be corrected further to show his retirement on 1 August 2007 was voluntary, rather than involuntary on the basis of failures of selection for promotion.

d.	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.

e.	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

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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