DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 
27 July 2001

5485-01

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

Secretary of the Navy

Subj: MAJ

USMC
REVIEW OF NAVAL RECORD

Ref:

Encl:

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

(1) DD Form 149 dtd 20 Apr 01 w/attachments
(2) HQMC PERB memo dtd 11 Jul 01 w/encl
(3) HQMC MMOA-4 memo dtd 10 Jul 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 reviewing officer’s certification from the fitness report for
(2), the
2 March to 25 May 1990, a copy of which is at Tab A. As indicated in enclosure 
Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has
directed removal of the contested reviewing officer’s certification. 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 Board, consisting of Messrs. Goldsmith and Hogue and Ms. Davies, reviewed
Petitioner’s allegations of  error and injustice on  26 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.

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,
(3), the Board finds the existence of an
contents of enclosure 
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
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. ZSALMAN
Recorder

&&&&?& 
JONATHAN S. 
Acting Recorder

4, 
RUSKIN

tflzti

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.

Executive Director

2

DEPARTMENT OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 221

  34-51 0

3

IN  REPLY REFER TO:

1610
MMER
11 Jul 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

N IN THE CASE 0
MC

(1) Copy of CMC 
(2) CMC Advisory Opinion 1610 MMOA-4 of 10 Jul 01
(3) Copy of CMC 

ltr 1610 MMER/PERB of 11 Jul 01

MMER/PERB of 9 Jul 01

ltr 1610 

(l), PERB removed
idenced by enclosure  
official military record, the Reviewing

Certification included with his fitness report for the period
900302 to 900525 (TR).

We defer to BCNR on the issue o
selec

2 .
the removal of his failure of  
Lieutenant Colonel. Enclosure (2) is furnished to assist in
resolving that matter.

request for
of

By enclosure  

3.
with a copy of the Advisory Opinion contained at enclosure

(3), this Headquarters provide

(2).

e Evaluation

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

DEPARTMENT OF THE NAV

Y
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22134.5103

IN REPLY REFER TO:

1610
MMER/PERB

9 

JU\ 

ho\

From:
To:

Commandant of the  

Mari

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 1610.11~

Per the reference,

the Performance Evaluation Review Board

1.
has reviewed allegations of error and injustice in your Naval
record.
directed that your Naval record will be corrected by removing
therefrom the Reviewing Officer's Certification only for the
following fitness report:

Having reviewed all the facts of record, the Board has

Date of Report

Reporting Senior

Reporting Period

31 May 90

900302 to 900525 (TR)

2.
There will be inserted in your Naval record a memorandum in
place of the removed comments.
The memorandum will state that
the comments have been removed by order of the Commandant of the
Marine Corps, and may not be made available to selection boards
and other reviewing authorities;
conjecture or draw inference as to the nature of the comments.
In addition, the Automated Fitness Report System (the database
which generates your Master Brief Sheet) will be modified by
eliminating any indication of nonconcurrence by the Reviewing
Officer.

that such boards may not

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.

DEPARTMENT 

OF  THE NAV
UNITED STATES MARINE CORPS

Y

HEADQUARTERS 

3280 RUSSELL ROA

D

QUANTICO,

 VIRGINIA

 

22 134-5 103

IN REPLY REFER TO:
1600
MMOA-4
10 Jul 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

Ref:

(a) MMER Request

of 09 Jul 01.

in the case

USMC

Recommend approval of

1.
of his failure of selection to Lieutenant Colonel.

request for removal

Co1

Per the re

2.
his petition.
Lieutenant 
successfully petitioned the Performance Evaluation Review
Board for removal of the Reviewing Officer co
Transfer fitness report of 900302 to 900525.
requests removal of his failure of selection.

vie
fai
Board.

Subsequently, he

record and
he FY-02 USMC

In our opinion,

the adverse material in the petitioned

3.
report did present substantial competitive concern to the
record. Therefore, removal of the adverse comments enhances
the competitiveness of the record.
Since the adverse comments
likely resulted i
ilure of selection, we
recommend approval of his request for removal of his failure
of selection to Lieutenant Colonel.

4 .

Point of contact

Evaluation Section
Officer Assignment Branch
Personnel Management Division