DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370.5100

BJG
Docket No: 4402-01
20 June 2001

From:
To:

Subj:

Ref:

Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

MAJ
REVIEW OF NAVAL RECORD

JR., USMC

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

(1) DD Form 149 dtd 2 Mar 01 w/attachments
(2) HQMC PERB memo dtd 29 May 01 w/encl
(3) HQMC MMOA-4 memo dtd 24 May 01
(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 report for 3 August 1995 to 31 May 1996, 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 Lieutenant 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 lieutenant 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. Pfeiffer and Silberman and Ms. Madison, reviewed
Petitioner’s allegations of error and injustice on 20 June 
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.

2001, and pursuant to its

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 
following corrective action.

(3), the Board finds the existence of an 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
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

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.
Recorder

ZSALMAN

g$J-JZd 

JONATHAN S. 
Acting Recorder

P-A

eq 

RUSKIN

to the delegation of authority set out in Section 6(e) of the revised Procedures

5. Pursuant
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 Director

2

DEPARTMENT OF THE NAVY

HEADQUARTEFiS  UNITED STATES MARINE CORPS

3280RueSeLLR0~D
QUANTICO, VIRGINIA 22 134-5 103

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

BCNR APPLICATION
I

IN THE CASE OF

(1) Copy of CMC 
(2) CMC Advisory Opinion 1610 MMOA-4 of 24 May 01
(3) Copy of CMC 

MMER/PERB  of 29 May 01

MMER/PERB  of  23 May 01

ltr 1610 

ltr  1610 

1.

As evidenced by enclosure  

PERB removed from Major
fficial  military record, the fitness report for

(l),

The period 950803 to 960531 (TR).

We defer to BCNR on the issue
2.
for the removal of his failure of
Lieutenant Colonel.
resolving that matter.
3.
(3), this Headquarters provide
with a copy of the Advisory Opinion contained a

By enclosure 

selection to the grade
Enclosure (2) is furnished to assist in

s request

of

valuation

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

HEADQUARTERS UNITED

DEPARTMENT OF THE NAVY
 
StATES MARINE 
QUANIWO,  VIRGINIA  22 134-5 103

3280  RUSSELL ROAD

COhrS

From:
To:

Subj:

Ref:

Commandant of the 

Marin

CORRECTION OF NAVAL RECORD

(a) 

MC0 

1610,llC

IN RCPLY REFER  
1610
MMER/PERB
2 
2001

MAY 

To:

3 

Per the reference,

3 . .
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

3 Jun 96

950803 to 960531 (TR)

There will be inserted in your Naval record a memorandum in

2.
place of the removed report.
The memorandum will contain
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,
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.

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.
Accordingly, your case will be forwarded to the Board
for Correction of Naval Records (BCNR) for consideration of that
issue.

.

-,-....-
By direction

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22134-51 03

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

Ref:

(a) 

MM
of
of

MAJOR
USMC

Recommend approval of 

1.
for removal of his failure of selection.

Majo

Y

IN REPLY REFER TO:

1600
MMOA-4
24 May 01

case
USMC

request

ref

Per the 

2.
and petition.
USMC Lieutenant Colonel Promotion Board.
successfully petitioned the Performance Evaluation Review
Board 
950803 to 960531.
failure of

(PERB)  to remove the Transfer fitness report of

requests removal of his

selection.

Subsequently, he

record
he FY02

In our opinion,

3.
significant jeopardy that may have resulted in Major

the petitioned report contained

s non-selection.
Section C that clearly indicated substandard

The report contained "growing"

performance in a report not marked adverse by the Reporting
Senior.
\\growing"
marked
likely resulted

The Reviewing Officer's
 comments_

"Excellent"

Additional1

i

Removal of thi

4.
competitiveness
competitive concerns are evident. We, therefore, recommend
approval of his request for removal of his failure of
selection.

*

c

ficantly increases the

record as no other

BCNR PETITION FOR  

MAJO
SMC

5.

Point of contact i

U. S. Marine Corps

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

2