DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 4707-01
20 June 2001

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

Secretary of the Navy

Subj:

Ref:

Encl:

CAPT
REVIEW OF NAVAL RECORD

’

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

(1) DD Form 149 dtd 28 Mar 01 w/attachment
(2) HQMC PERB memo dtd 7 Jun 01 w/encl
(3) HQMC MMOA-4 memo dtd 6 Jun 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 10 July 1999 to 1 May 2000, a copy of which is
at Tab A to enclosure (1). As indicated in enclosure 
(HQMC) Performance Evaluation Review Board 
contested fitness report. Petitioner further requested removal of his failure of selection
before the Fiscal Year 2002 Major 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 major
as an officer who has not failed of selection to that grade.

(2), the Headquarters Marine Corps

(PERB) has directed removal of the

2. The Board, consisting of Messrs. Pfeiffer and Silberman and Ms. Madison, reviewed
Petitioner’s allegations of error and injustice on 20 June 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, 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 major
1 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

Jiklw-uaml 
JONATHAN S. 
Acting Recorder

RUSKIN

%f, 

4L24dL

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.

FRW. DEAN PFEIFFER

Executive Director

2

JEPARTMENT  OF THE NAVY

4EADQUARTERS

 UNITED  

~~EORUSSELLROAD

STATES MARINE CORPS
2 2 134-5 103

QUANTICO,

VIRGINIA

IN REPLY REFER TO:

1610
MMER
7 Jun 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

SE OF CAPTA
USMC

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 6 Jun 01
(3) Copy of CMC

MMER/PERB  of 7 Jun 01

ltr 1610

ltr 1610 

MMER/PERB  of 1 Jun 01

1.

As evidenced by enclosure  

(l), PERB removed from Captain
official military record, the fitness report for
0710 to 000501 (CD).

We defer to BCNR on the issue of Capta

2.
request for the removal of his failure of selection to the grade
of Major. Enclosure (2) is furnished to
matter.

assist in resolving that

(3), this Headquarters
sure 
with a copy of the Advisory

enclosure (2).

provided Captain
Opinion contained at

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

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

RUSSELL ROAD

VlRGlNlA  22   134-S 103

3280 
 

OUANTICO,

IN 
RLPW  REFER TO:
1610
,,MMER/PERB
1 JUN  
- 

2001

From:
To 

:

Commandant of the Marine Corps

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
---

-

29 Apr 00

Reporting Senior

Period of Report

990710 to 000501 (CD)

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,
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

The Automated Fitness Report

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

,

_CPARTMENT

 OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22134-51 03

IN REPLY REFER TO:

1600
MMOA-4
06 Jun 01

MEMORANDUM

Subj:

FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

CAPTA

USMC

Ref:

(a) MMER Request for Advisory Opinion in the case

of 01 Jun 01

SMC

Recommend approval of Captain

1.
removal of his failure of selection.

request for

Per the reference, we
Captai

2.
record
and his petition.
n the
FY02 USMC Major Selection Board.
Subsequently, he successfully
petitioned the Performance Evaluation Review Board for removal of
Captain

uty fitness report of 990710 to 000501.
uests removal of his failure of selection.

in
ail

the adverse material in the petitioned report

In our opinion,

3.
does present serious competitive concern to the record.
Therefore, removal of the adverse report enhances the
competitiveness of the record.
resulted in Capta
recommend approval  
selection.

failure of selection we

Since the adverse report likely

6f his request for removal of his failure of

4.

Point  of  contact

Major, U.S. Marine Corps
Head, Officer Counseling and
Evaluation Section
Officer Assignment Branch
Personnel Management Division