DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 3462-01
4May2001

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

Secretary of the Navy

Subj:

Ref:

Encl:

LTC
REVIEW OF NAVAL RECORD

USMCp

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

(1) DD Form 149 dtd 22 Jan 00 w/attachments
(2) HQMC MMER memo dtd 30 Apr 01 w/encl
(3) HQMC 
(4) Subject’s naval record

MMOAQ memo dtd 27 Apr 01

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 report for 1 July 1998 to 19 April 1999, a copy of which is
at Tab A. As indicated in enclosure 
Performance Evaluation Review Board (PERB) has directed removal of the contested fitness
report. Petitioner further requested removal of his failure of selection before the Fiscal Year
2002 Colonel Selection Board, so as to be considered by the selection board next convened to
consider officers of his category for promotion to the grade of colonel as an officer who has
not failed of selection to that grade.

(2), the Headquarters Marine Corps (HQMC)

2. The Board, consisting of Messrs. Ivins and Pauling and Ms. Humberd, reviewed
Petitioner’s allegations of error and injustice on 3 May 2001, 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,
contents of enclosure 
(3), the Board finds the existence of an
following corrective action.

and especially in light of the
injustice warranting the

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
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

recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.

’s

’s record and

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
Recorder

-4&
JONATHAN S. 
Acting Recorder

/ d 
RUSKIN

&-&-+&!!;

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.

z?%?P ;;r C--

Executive Director

2

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

QUANTICO, 

3280  RUSSELL ROA

D
YlRGlNlA  22 134-5

10 3

IN  REPLY REFER TO:

1610
MMER
30 Apr 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

OF LIEUTENANT COLONEL
USMC

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 27 Apr 01
(3) Copy of CMC

MMER/PERB  of 30 Apr 01

MMER/PERB  of 17 Apr 01

ltr 1610 

ltr 1610

As evidenced by enclosure  

1.
Colone
the period 980701 to 990419 (TR).

icial military record,

(l), PERB removed from Lieutenant
the fitness report for

We defer to BCNR on the issue of Lieutenant Colone

2.
request for the removal of his failure of selection to the grade
of Colonel.
that matter.

Enclosure (2) is furnished to assist in resolving

By enclosure  

3.
Colonel
enclosure (2).

(3), this Headquarters provided Lieutenant

ith a copy of the Advisory Opinion contained at

Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps

:

DEPART
HEADQUARTERS UN

M ENT OF
MAR

THE NAVY
I TED STATES

I NE CORP

 
D

3280RUSSELLROA

QUANT

I CO ,  V I RG I N I A 22 134

 

S

- 5 103

 

Ta

I N REPLY REFER
1610
MMER/PERB
17 APR 

:!?Ul

From:
To:

Commandant of

SMC

Subj :

CORRECTION OF NAVAL, RECORD

Ref:

(a) 

MC0 

1610.11C

Per the reference,

1.
has reviewed allegations of error and injustice in your Naval
record.
directed that your Naval record will be corrected by removing
therefrom the following fitness report:

Having reviewed all the facts of record, the Board has

the Performance Evaluation Review Board

Date of Report

Reporting Senior

Period of Report

29 Aug 99

co1

980701 

t0 990419  

(TR)

There will be inserted in your Naval record a memorandum in

2.
The memorandum will contain
place of the removed report.
appropriate identifying data concerning the report and state
that it has,been removed by direction of the Commandant of the
Marine Corps and cannot be made available in any form to
selection boards and reviewing authorities.
that such boards may not conjecture or draw any inference as to
the nature of the report or the events which may have
precipitated it,
The Automated Fitness Report  
part of the official record.
System (the data base which generates your Master Brief Sheet)
will be corrected accordingly.

unless such events are otherwise properly a

’

It will also state

The Commandant of the Marine Corps is not empowered to grant

3.
or deny the removal of failure(s) of selection from a Naval
record.
for Correction of Naval Records (BCNR) for consideration of that
issue.

Accordingly, your case will be forwarded to the Board

-

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

D

134-5  
 

3280 RUSSELL ROA

QUANTICO, VIRGIN IA 22

I03

IN REPLY REFER TO:
1600
MMOA-4
27 Apr 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

IEUTENANT  CO
MC

+

(a) MMER Request for
Lieutenant Colone
of 17 Apr 01

Recommend approval of Lieutenant  

1.
removal of his failure of selection.

Co10

request for

Lieutenant 

Co1

Per the reference, we reviewed L

2.
record and petition.
on the FY02 USMC Colonel Selection Board.
successfully petitioned the Performance Evaluation Review Board
for removal of the Transfer fitness
Lieutenant Colone
from his record.
his failure of selection for promotion to Colonel.

of 980701 to 990419
requests removal of

Subsequently, he

lon
ail

n

In our opinion, the petitioned fitness report does present

3.
serious competitive concern to the record and removal of the
report enhances the competitiveness of the record.
recognize the record contains other areas of competitive
concern, we believe Lieutenant
the benefit of the doubt and have his failure of selection
removed.

While we

Colon

hould be afforded

4.

Point  of contact i

Okficer  Counseling and

Head,
Evaluation Section
Personnel Management Division