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:  5707-99 
30 September  1999 

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

Secretary of  the Navy 

Ref: 

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

Encl: 

(1)  DD  Form  149 dtd  17 Jun  99 wtattachments 
(2)  HQMC PERB memo dtd  9 Sep 99 wtencl 
(3)  HQMC  MMOA-4  memo dtd  8 Sep 99 
(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 the applicable naval record be 
corrected by  removing  the fitness reports for 25  November  1986 to  1 February  1987, 
7 March  to  31 October  1987, and  1 November  1987 to  14 July  1988, copies of  which are at 
Tabs A through  C respectively.  As  indicated in  enclosure (2),  the Headquarters Marine 
Corps (HQMC) Performance Evaluation Review Board  (PERB) has directed  removal of the 
contested  fitness reports.  Petitioner  further requested  removal of  his failure of selection by 
the Fiscal  Year  (FY) 2000 Lieutenant  Colonel Selection Board,  so as to be considered by  the 
selection board  that  is scheduled to convene on  19 October  1999 to consider officers of his 
category for promotion  to  the grade of  lieutenant colonel as an  officer who has not  failed of 
selection to that grade.  Finally, he requested  that if  he is selected by  the FY 2001 Lieutenant 
Colonel Selection Board, he receive the  1 May  1999 date of  rank and  effective date as a 
lieutenant colonel he says he would  have received  from the FY 2000 promotion board.  This 
requestWas not considered, since he has  not  been  selected or promoted to lieutenant colonel. 

2.  The Board, consisting of  Messrs.  Brezna, Mazza, and  Silberman, reviewed  Petitioner's 
allegations of'error and  injustice on  29  September 1999, 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 

available under  existing law  and  regulations within  the Department of the Navy. 

b. 

In  correspondence attached as enclosure (3), the HQMC office having cognizance 

over the subject matter of  Petitioner's request to strike his  failure of  selection for promotion 
has commented to the effect that this 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 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  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 
Recordg 

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 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 P P E ~
Executive Director 

 

D E P A R T M E N T  OF T H E  NAVY 

HEADQUARTERS  U N I T E D  STATES  M A R I N E  CORPS 

3280 R U S S E L L  ROAD 

QUANTICO, V I R G I N I A   22 1 3 4 - 5 1 0 3  

IN R E P L Y  R E F E R  TO: 
1610 
MMER 
9 Sep 99 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR1  BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Sub j : 

ON  IN THE CASE OF MA 
SMC 

Encl:  (1) Copy of CMC ltr 1610 MMER/PERB  of  ?  Sep 99 

(2) CMC Advisory Opinion 1600 MMOA-4 of 8 Sep 99 

1.  As evidenced by  enclosure  (l), PERB removed fro 
official military  record, the fitness reports for t 
to 870201  (TD), 870307 to 871031  (AN)# and 871101 to 880714 (CH). 

5 

2.  We defer to BCNR  on the issue of 
the removal of his failure of  select' 
Colonel.  Enclosure  (2) is furnished to assist in resolving that 
matter. 

request for 

e of Lieutenant 

Review Branch 
Personnel Management Division 
Manpower and Reserve Affairs 
Department 
By direction of the 
Commandant of the Marine Corps 

DEPARTMENT OF THE  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  C O R P S  

3280 R U S S E L L  ROAD 

q U A N T I C 0 ,  Y l R C l N l A   22 134-5 103 

.fkWLY REFER TO: 
MMER/ PERB 

From: 
To: 

Sub j : 

CORRECTION OF NAVAL RECORD 

Ref: 

(a) MCO 1610.11C 

1.  Per the reference, the Performance Evaluation Review Board 
has reviewed allegations of error and injustice in your Naval 
record.  Having reviewed all the facts of record, the Board has 
directed that your Naval record will be corrected by removing 
therefrom the following fitness reports: 

Date of Report 

Re~ortinq Senior 

Period of Report 

29 Jan 87 

21 Oct 87 

28 Jun 88 

861125 to 870201 (TD) 

870307 to 871031 (AN) 

871101 to 880714  (CH) 

2.  There will be inserted in your Naval record a memorandum in 
place of the removed reports.  The memorandum will contain 
appropriate identifying data concerning the reports and state 
that they have been removed by direction of the Commandant of the 
Marine Corps and cannot be made available in any form to selec- 
tion boards and reviewing authorities.  It will also state that 
such boards may not conjecture or draw any inference as to the 
nature of the reports or the events which may have precipitated 
them, unless such events are otherwise properly a part of the 
official record.  The Automated Fitness Report System (the data 
base which generates your Master Brief Sheet) will be corrected 
accordingly. 

3.  The Commandant of the Marine Corps is not empowered to grant 
or deny the removal of failure(s) of selection from a Naval 
record.  Accordingly, your case will be forwarded to the Board 
for Correction of Naval Records  (BCNR) for consideration of that 
issue. 

DEPARTMENT OF THE 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 

3280 R U S S E L L  ROAD 

QUANTICO,  V I R G I N I A   22 134-5 1 0 3  

IN REPLY R E F E R  TO: 

1600 
MMOA- 4 
8 Sep 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj : 

Ref: 

1.  Recommend approval 
his failure of selecti 
benefit of the doubt. 

t for removal of 
gives him the 

record and 

2.  Per the reference, we reviewed-s 
petition.  He failed selection on the FYOO Lieutenant Colonel 
Selection Board and subsequently successfully petitioned the 
Performance Evaluation Review Board  (PERB) for removal of the 
Temporary Duty fitness report of 861125 to 870201, Annual report 
of 870307 to 871031 and Chanqe of Reportinq Senior report of 
871101 to 880714. 
selection. 

.requksts removal of his failure of 

- 

3.  In our opinion, the petitioned fitness reports do present 
significant competitive concern to the record and their removal 
enhances the competitiveness of the record.  While we recognize 
the record contains other areas of competitive concern, we believe 

hould be afforded the benefit of the doubt and have 

selection removed. 

4 

Point of contact is-, 

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