D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370.5100 

BJG 
Docket No:  3605-99 
6 August  1999 

1 

From:  Chairman, Board  for Correction of  Naval Records 
To: 

Secretary of  the Navy 

Subj : 

Ref: 

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

Encl: 

(1)  DD  Form  149 dtd 22 May  99 wlattachments 
(2)  HQMC MMOA-4  memo dtd  19 Jul 99 
(3)  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 the applicable naval record be 
corrected by  removing his failure of  selection before the Fis  Year  (FY) 2000 Lichenant 
Colonel Selection Board,  so as to be considered by  the selec  on board  next convened  to 
consider officers of  his category for promotion to the grade  f lieutenant colonel as an  officer 
who  has not  failed of  selection to that grade. 

7 

2.  The Board,  consisting of  Ms.  Davies and  Messrs.  McCulloch and  Molzahn, reviewed 
Petitioner's allegations of  error and  injustice on  5 August  1999, and pursuant to its 
regulations, determinqi 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 rc=~+ord pcr~;li ning to Peri t i  cwer's allegal.iuiu 
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 (2), the H( 
over the subject matter of  Petitioner's request to strike his fi 
has commented to the effect that this request has merit and  1 

favorable action. 

)MC  office having  cognizance 

lure of  selection for promotion 

CONCLUSION: 

Upon  review and  consideration of  all the evidence of  record, and  especially in  light of  the 
contents of enclosure (2), the Board  finds the existence of 4 injustice warranting the 
following corrective action. 

RECOMMENDATION: 

a.  That Petitioner's 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  selectio11 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  th 

c.  That any material directed  to  be removed  from  ~etidioner'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. 

8 .  /7iZ/Su 

ROBERT D.  ZSALMAN 
Recorder 

JONATHAN S. RUSKIN 
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  Rcurds (32 Ctdc of  Fcclcr;~l Regulations,  Scc*ti~m 
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 T H E  NAVY 

H E A D Q U A R T E R S  U N I T E D  STATES M A R I N E  CORPS 

3 2 8 0 R U S S E L L   ROAD 

QUANTICO,  VIRGINIA  22 1 3 4 - 5  1 0 3  

IN REPLY REFER TO: 

1600 
MMOA- 4 
19 Jul 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, 

FOR CORRECTION OF 

NAVAL RECORDS 

Sub j : 

Ref: 

(a) MMER 

Major 
of 31 Mar  99 

1.  Recommend approval of ~ a j o r Y s P I I )  
his failure of selection.  This opinion g 
benefit of the doubt. 

se of 
USMC 

2.  Per the refer 
petition.  He fai 
Selection Board. 
the illegibility 
receive his promotion photograph.  He requests the removal of his 
failure of selection. 

record and 
eutenant Colonel 
selected due to 

the Board to 

3 .   In our opinion, the poor image quality of some of the fitness 
reports in the record presented l i t t l e  jeopardy to the 
competitiveness of the record.  However, the lack of a promotion 
photograph may have presented serious  jeopardy to the record. 

-did 

a.  Legibility of the Official Military Personnel File.  Since 
not identify specific reports he felt prevented 
a complete and accurate evaluation of his record we reviewed each 
report.  While some of the reports were hard to read they were not 
unreadable.  Furthermore, the fitness report for the period 881101 
to 890505 was provided to the Board by the Manpower Management 
Support Branch  (MMSB).  Therefore, the Board had the capability to 
request any questionable fitness reports from MMSB to ensure the 
record received a fair and complete evaluation. 

b.  Promotion photograph.  The absence of his promotion 

before the Board may have reflected negatively on Major 
ttention to detail and ability to follow orders and 
ikelv led to his failure of selection.  We believe the 

2 

statements provided by Chief Warrant Offi er 3 Marques and Gunnery 
~ergea-ovide 
sufficient evidenc  that the photograph was 
mailed  to Headquarters Marine Corps. 

Subj:  BCNR PETITION FOR MAJOR 

-SMC 

, 

.. 

4.  In summary, Major 
lackinq areas of obvi 
believe the absence of his photograph before the Board presented 
serious competitive concern to the record bnd more than likely led 
to his failure of selection.  Therefore, wk  recommend approval of 
Ma j 
This opinion gives him the benefit of the coubt. 

request for removal of his failure of seiection. 

ars competitive, 
itive concern.  We 

Head, Officer Counseling and 
Evaluation Section 
Officer Assignments Branch 
Personnel Management Division