DEPARTMENT OF

BOARD FOR

 

CORRECTI

%+I
2 NAVY ANNE

TdE’ NAVY
 
OF NAVAL RECORD

X

WASHINGTON DC 20370-510

0

S

BJG
Docket No: 4958-01
13 July 2001

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

Secretary of the Navy

USMC
ORD

Ref:

Encl:

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

(1) DD Form 149 dtd 7 Mar 01 w/attachments
(2) HQMC PERB memo dtd 2 1 Jun 01 w/encl
(3) Subject’s e-mail dtd 26 Jun 01
(4) HQMC CMT memo dtd 18 Jun 01
(5) Subject’s naval record

1. Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure
(1) with this Board requesting, in effect, that his naval record be corrected by removing the
fitness report for 1 October 1998 to 15 October 1999 (copy at Tab A to enclosure 
(l).) As
(2), the Headquarters Marine Corps (HQMC) Performance Evaluation
indicated in enclosure 
(PERB) has directed removal of the contested fitness report. Petitioner further
Review Board 
requested removal of his failure of selection by the Fiscal Year 
(FY) 2001 Active Reserve
Lieutenant Colonel Selection Board. After his application had been submitted, he failed of
selection by the FY 2002 
communication at enclosure (3) reflects that he also requests removal of that failure.

Active’Reserve Lieutenant Colonel Selection Board. His

2. The Board, consisting of Messrs. 
Petitioner’s allegations of error and injustice on 12 July 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.

McCulloch  and Tew and Ms. Gilbert, reviewed

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. Petitioner first failed of selection before the FY 2000 Active Reserve Lieutenant

Colonel Selection Board. The contested fitness report was not in his record for that
promotion board.

It was in his record for the FY 2001 and 2002 boards.

C.

enclosurk 

In correspondence attached as 

(4), the HQMC office having cognizance
over the subject matter of Petitioner ’s case has commented to the effect that his request to
2001 failure has merit and warrants favorable action. The opinion does not
remove his FY 
address the FY 2002 failure.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board finds the existence of
an injustice warranting the requested relief.

The Board agrees with the advisory opinion at enclosure (4) in finding that Petitioner ’s
in
FY 2001 failure should be removed. They find this advisory opinion equally applicable
supporting removal of the FY 2002 failure.

In view of the above, the Board directs the following corrective action.

RECOMMENDATION:

a. That Petitioner ’s record be corrected by removing his failures by the FY 2001 and
2002 Active Reserve Lieutenant Colonel Selection Boards, leaving in his record his failure
by the FY 2000 Active Reserve Lieutenant Colonel Selection Board.

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
Recorder

Jv-x4 &&  
JONATHAN S. 
Acting Recorder

l&/A&>-

&  
RUSKIN

2

5. Pursuant to the delegation of authority set 
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.

6(e) of the revised Procedures

hut in Section 

Executive 

Direc

DEPARTMENT OF THE NAVY

HEADQUARTERS 

3280  RUSSELL ROAD

UNITED  STATES MARINE CORPS
YlRGlNlA  22 

QUANTICO, 

134-5 

I03

IN REPLY REFER TO:

1610
MMER
21 Jun 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

TION IN THE CASE OF
USMCR

MMER/PERB  of 23 May   01
(1)  Copy of CMC  
(2) CMC Advisory Opinion 1600  CMT of 18 Jun 01
MMER/PERB of 21 Jun 01
(3) Copy of CMC

ltr 1610 

ltr 1610

1.

As evidenced by enclosure  

(l), PERB removed from Major
official military record, the fitness report for
981001 to 991015 (TR).

We defer to BCNR on the issue of

2.
the removal of his failure of selection to the grade of
Lieutenant Colonel.
resolving that matter.

Enclosure (2) is furnished to assist in

's request for

By enclosure  

3.
with a copy of the Advisory Opinion contained a

(3), this Headquarters provide

Evaluation

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

DEPARTMENT  OF THE NAVY

HEADQUARTERS UNITED   STATES MARINE CORPS

3280  RUSSELL ROAD
VlRClNlA  22 

QUANTICO,  

134-5 103

TO:

IN REPLY REFER  
1610
MMER/PERB
2 3 MAY 

2001

From:
To:

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

Per the reference,

1.
has reviewed allegations of error and injustice in your Nava
record . Having reviewed all the facts of record, the Board ha
directed that your Naval record will be corrected by removin
therefrom the following fitness report

the Performance Evaluation Review   Board
l

g

:

s

Date of Report

Reporting Senior

Period of Report

29 Nov 99

981001 to 991015 (TR)

  memorandum in

.

  in  your Naval record a

2.
There will be inserted
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

  of the   Marine Corps is not empowered to grant

The Commandant

3.
or deny the removal of failure(s) of selection from a Nava
record . Accordingly, your case will
for Correction of Naval Records (BCNR) for consideration of tha
issue ,

,

  be  forwarded to the Boar

l

d

t

NAVY
HEADGUARTERS  UNITED STATES MARINE CORPS

DEPARTMENT OF THE

 

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:

1600
CMT
18 Jun 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,   BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj: RESERVE AFFAIRS REVIEW OF FAILURE OF SELECTION ADVISORY

ATION; CASE
SMC

Ref:

(a) Marine Corps Advisory Opinion  

MMER/PERB  of

(b) Update Material Log,

FYOl USMCR (AR)  

LtCol Selection

23 May 2001

Board

Recomm

1.
incurred on the
board, be removed from his record.

second failure of selection,
) Lieutenant Colonel selection

Reference (a) removed a fitness report dated 981001-991015

2.
f
r
Lieutenant
above zone on the  
report may have caused his record to be less than competitive
when compared to his peers.

cord.
Sullivan's 
reco
selection board.
FYOl board. The advers

Per reference (b), this fitness

1
was
fitness

3. Point of contact

George, Brian J

From:
Sent:
To:
Subject:

Sulliv
Tuesday, June 
26,200l
‘george.brian@hq.navy.mil’
My DD FORM 149 of 7 March 2001

 

353  PM

eune.usmc.mil]

45j  

557  

CT/

e confusion. Per our con

intent was to request the removal of the
first. Thanks for your help.
V/R
KAS

enemy a minor injury. ”