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 ANNU( 

WASHINGTON DC  20370-5100 

BJG 
Docket No:  5969-99 
1 October  1999 

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

Secretary of  the Navy 

REVIEW OF NAVAL RECORD 

-. 

Ref: 

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

Encl: 

(1)  DD Form  149 dtd 21 Jul 99 wlattachments 
(2)  HQMC PERB memo dtd  20 Sep 99 w/encl 
(3)  HQMC  MMOA-4  memo dtd  17 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 asking that his naval record  be corrected by  removing the 
reviewing officer's comments from his fitness report for  17 August  1996 to 31 March  1997 
(copy at Tab A).  Enclosure (2) shows the Headquarters Marine Corps (HQMC) Performance 
Evaluation Review Board  (PERB) has directed removal of  the contested comments.  He 
further requested  removing his failure of  selection by  the Fiscal Year  2000 Lieutenant Colonel 
Selection Board, so as to be considered by  the selection board  scheduled to convene on 
19 October  1999 to consider officers of  his category for promotion to lieutenant colonel as an 
officer not failed of  selection to that grade.  Finally, he requested a special selection board. 

2.  The Board, consisting of  Messrs. Brezna, Mazza,  and  Silberman, began their review of 
Petitioner's allegations of  error and  injustice on  29 September  1999, and completed 
deliberations on  30 September 1999.  Pursuant to  its regulations, determined that the limited 
correcthe 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 
appli&ble  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  Petiticlncr'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 limited 
relief,  specifically, removal of  Petitioner's failure of  selection for promotion 

The Board  finds that  Petitioner's request for a special selection board  should be denied.  In 
this regard, they  note that his  regular board  is imminent.  Further,  they  feel his consideration 
by  the regular board,  with  a corrected and  in  the status of  an  officer who has not previously 
failed of  selection, will provide him  adequate relief. 

In  view  of  the above, the  following limited corrective action is recommended. 

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. 

d.  That Petitioner's request for a special selection board  be denied. 

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 
picsciii  at the Uudi J'S review  aid delibera~~uns, and  that the foregoing is a true and  complete 
record gf  the Board's proceedings in  the above entitled matter. 

ROBERT D.  ZSALMAN 
Recorder 

A-v-g+&/ 8 

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. 

Executive Direc 

DEPARTMENT OF THE 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,  VIRGINIA  22 1 3 4 - 5  1 0 3  

IN REPLY R E F E R  TO: 

1610 
MMER/PERB 
1 5 EiP 1199 

From:  C a m a n d a n t   of t _ h e  M a r i n e   rnrns 
To: 

Subj:  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 Reviewins Officer's comments onlv for the following 
fitness report : 

Date of Report 

Reportinq Senior 

Reportina Period 

2 Sep 97 

960817 to 970331 (CH) 

* 

2.  There will be inserted in your Naval record a memorandum in 
place of the removed comments.  The memorandum will state that 
the comments have been removed by order of the Commandant of the 
Marine Corps, and may not be made available to selection boards 
and other reviewing authorities; that such boards may not 
conjecture or draw inference as to the nature of the comments. 

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

IN REPLY REFER TO: 

1600 
MMOA- 4 
17 Sep 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Ref: 

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

s request f 
ndation give 

2.  Per the reference, we revie-s 
petition.  He failed selection on the FYOO USMC Lieutenant Colonel 
Selection Board.  Subsequently, he successfully petitioned the 
Performance Evaluation Review Board  (PERB') for removal of the 
Reviewing Officer comments from 
fitness report of 960817 to 9703 
of his failure of selection. 

ing Senior 
equests removal 

, "  .-. -  3 

record and 

3.  In our opinion, removal of the Reviewing Officer comments 
enhance the competitiveness of the reco 
record retains other jeopardy, we belie 
afforded the benefit of the doubt and h 
removed. 

selection 

tact is Lieute 

at 

olonel, U.S. Marine Corps 

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

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 1 3 4 - 5  1 0 3  

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

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Sub j : 

ION IN THE CASE 
USMC 

Encl:  (1) Copy of CMC ltr 1610 MMER/PERB of 15 Sep 99 

(2) CMC Advisory Opinion 1600 MMOA-4 o-f  17 Sep 99 

1.  As evidenced by  enclosure  (I), PERB removed 
official military record, the Reviewing Officer's comments appended 
to his fitness report for the period  960817 to 970331 (CH). 

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

s request for the 

Lieutenant Colonel. 

Review Branch 
Personnel Management Division 
By direction of the Commandant 
of the Marine Corps