DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF N

’AVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 5326-01
31 August 2001

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

Secretary of the Navy

USMC,
D

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)

(2)
(3)
(4)
(5)
(6)

Dee 00 w/attachments,

DD Form 149 dtd 3 
incl Subject’s ltr dtd 15 Jun 01
HQMC PERB memo dtd 29 Jun 01 w/encl
HQMC MMOA-4 memos dtd 20 Jun and 14 Aug 01
Memo for record dtd 29 Aug 01
Maj, USMC e-mail dtd 17 Aug 01
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 30 August 1991 to 28 May 1992, a copy of
which is in enclosure (1) at Tab A. As indicated in enclosure 
Corps (HQMC) Performance Evaluation Review Board 
contested fitness report. Petitioner further requested removal of his failures of selection
(FY) 1996 and 1997 Major Selection Boards, and adjustment of his
before the Fiscal Year 
major date of rank and effective date to reflect selection by the FY 1996 Major Selection
Board. By implication, he requested to have his involuntary discharge from the Regular
Marine Corps on 1 January 1997 set aside, so his record will reflect that he served
continuously in the Regular Marine Corps after that date.

(2), the Headquarters Marine
(PERB) has directed removal of the

2. The Board, consisting of Messrs. Carlsen and Rothlein and Ms. Humberd, reviewed
Petitioner’s allegations of error and injustice on 29 August 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. By reason of Petitioner ’s failures before the FY 1996 and 1997 Major Selection
Boards, he was involuntarily discharged from the Regular Marine Corps on 1 January 1997.
He accepted a commission as a captain in the Marine Corps Reserve, and he was promoted
to major in the Marine Corps Reserve on 1 May 1997, pursuant to selection by the FY 1998
Reserve Major Selection Board. In December 1998, he was augmented into the Regular
Marine Corps as a major. The PERB directed removal of the contested fitness report after
he had been promoted and augmented.

C.

In correspondence attached as enclosure 

(3), the HQMC Officer Counseling and

Evaluation Section, Officer Assignment Branch, Personnel Management Division
(MMOA4), the office having cognizance over the subject matter of Petitioner
strike his failures of selection for promotion, has commented to the effect that this request
has merit and warrants favorable action.

’s request to

d. The memorandum for the record at enclosure (4) reflects

that HQMC MMOA-4 also

recommends approving Petitioner

’s request for backdating.

e. The e-mail at enclosure (5) shows the HQMC Promotion Branch (MMPR) has
Petitioner been promoted pursuant to selection by the FY 1996 Major
he would have been assigned a date of rank and effective date of

advised that had
Selection Board,
1 July 1996.

CONCLUSION:

Upon review and consideration of
contents of enclosures (3) through
warranting the requested relief.

all the evidence of record, and especially in light
(5), the Board finds the existence of an injustice

of the

’s record

In light of the input from MMOA-4 and MMPR, the Board finds that Petitioner
should be corrected to show that he did not fail before the FY 1996 and 1997 Major
Selection Boards; that he was not discharged from the Regular Marine Corps on
1 January 1997 by reason of these failures of selection to major, but has served continuously
in the Regular Marine Corps; and that he was promoted to major in the Regular Marine
Corps, with a date of rank and effective date of 1 July 1996, reflecting selection by the FY
1996 selection board.
In this connection, they find he probably would have been promoted
pursuant to selection by the FY 1996 selection board, had the later removed fitness report
not been in his record. They recognize that he has not been selected by an active duty board
for promotion to major, and that the Senate has not confirmed him for promotion, as
opposed to augmentation, to the grade of major in the Regular Marine Corps. They are
satisfied, nevertheless, that it would be legal for his record to show he was promoted to
major in the Regular Marine Corps on 1 July 1996, the date he would have been promoted
had he been selected by the FY 1996 selection board. In this regard, they particularly note
that this correction would reflect the facts they find ought to have occurred; it would allow
Petitioner to retain the status he now has, as a major in the Regular Marine Corps; and it

2

would be consistent with the backdating of his appointment to that grade to a date before he
left the Regular Marine Corps for the Marine Corps Reserve.

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

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected by removing his failures by the FY 1996

and 1997 Major Selection Boards.

b. That his record be corrected further to show that he was not discharged on
1 January 1997, but continued to serve in the Regular Marine Corps after that date.

c. That his record be corrected further to show that he was promoted to major in the
Regular Marine Corps, with a date of rank and effective date of 1 July 1996, under title 10,
United States Code, chapter 549, and sections 531, 533, and 1552; and that his lineal
precedence be adjusted accordingly.

d. That any material or entries 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.

e. 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

(+fl&+$,” 
JONATHAN S. 
Acting Recorder

4, 
RUSKIN

/&de&/

3

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.

w W. DEAN 

PXIFFER

Executive Director

_PARTMENT OF THE NAV Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 221  

34.51 03

IN REPLY REFER TO:

1610
MMER
29 Jun 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj

Encl:

TION IN THE CASE OF MAJ
USMC

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 20 Jun 01
(3) Copy of CMC

ltr 1610 MMER/PERB of 29 Jun 01

ltr 1610 MMER/PERB of 7 Feb 01

1.

As evidenced  

by enclosure  

(l), PERB removed from Major

fficial  military record, the fitness report for

d 910830 to 920528 (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

Majo

request for

3.

By enclosure  

(3), this Headquarters provided Maj

'with a copy of the Advisory Opinion contained at

enclosure (2).

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

,

From:
To:

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

1610
MMER/PERB
2001

FEB 

7 

Per reference (a),

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

the Performance Evaluation   Review Board

  has

Date of Report

Reporting Senior

Period of Report

28 May 92

Ltc

910830 to 920528 (TR)

There will be inserted in your

  Naval record a memorandum in

2.
place of the removed report containing appropriate identifying
data concerning said report
report has been removed by order of the Commandant of the Marine
Corps and may not be made available to selection boards and
other reviewing authorities;
or draw any inference as to the nature of the report.
Automated Fitness Report System will be corrected accordingly

that such boards may not conjecture

The memorandum will state that the

.

The

.

By direction

LPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORP

3280  RUSSELL ROA

D

QUANTICO, VIRGINIA 22134-510

Y

3

S

IN REPLY REFER TO:

1600
MMOA-4
20 Jun 01

MEMORANDUM

FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

BCNR PETITION FOR MAJ
SMC

Ref: (a)

e case
SMC

1.
Recommend approval o
his active duty failures

request for removal of
Major.

Per t
2 .
petition.
Majo
USMC 
petitioned the Performance Evaluation Review Board for removal of
the Transfer fitness report of 910830 to
requests removal of his failures of selection.

Subsequently, he successfully

e reviewe
failed se
rd.

's record and his
FY-96 and FY-97

920528.

In our opinion,

the adverse material in the petitioned report

removal of the adverse report enhances the

3.
did present substantial competitive concern to the record.
Therefore,
competitiven
resulted in
approval of h
to Major.

rd.
failure of selection, we recommend
removal of his failures of selection

Since the adverse report likely

4.

Point of contact

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

DEPARTMENT 

OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORPS
D

3280  RUSSELL ROA

QUANTICO, VIRGINIA

  221 34-51 0

Y

3

IN REPLY REFER TO:

1600
MMOA-4
14 Aug 01

MEMORANDUM

FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj

Ref:

(a) MME
of
of 08 Aug 01.

he case
USMC

Recommend approval of

1.
his active duty failures

of selection to Major.

request for removal of

2.
Per t
petition.
USMC 
Majo
petitioned the Performance Evaluation Review Board for removal of
the Transfer fitness report of 910830 to 920528 and was selected
to Major on the FY-98 USMCR Major Selection Board.
requests removal of his failures of selection.

reviewe
ailed 
d.

he successfully

record and his
-96 and FY-97

Subsequently,

d
se1

In our opinion, the adverse material in the petitioned report

removal of the adverse report enhances the

3.
did present substantial competitive concern to the record.
Therefore,
competitiveness of the record.
resulted in
approval of
to Major.

's failures of selection, we recommend
or removal of his failures of selection

Since the adverse report likely

4.

Point of contact

. Marine Corps

Head, Officer Assignment Branch
Personnel Management Division

I