DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 
30 August 2000

5661-00

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

Secretary of the Navy

Subj: C

REVIEW OF NAVAL RECORD

u s

.

Ref:

Encl:

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

(1) DD Form 149 dtd 24 Apr 00 w/attachments
w/encl
(2) HQMC PERB memo dtd 16 Aug 00 
(3) HQMC MMOA-4 memo dtd 11 Aug 00
(4) Subject’s naval record

re#esting, in effect, that the applicable naval record be

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board 
corrected by removing the fitness report for 1 August 1998 to 16 July 1999, 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
2001 Limited Duty Officer (LDO) Major Selection Board, so as to be considered by the
selection board next convened to consider officers of his category for promotion to LDO
major as an officer who has not failed of selection to that grade.

(2), the Headquarters Marine Corps  

(HQMC)

2. The Board, consisting of Messrs. Ensley, Schultz, and Swarens, reviewed Petitioner’s
allegations of error and injustice on 24 August 2000, 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,
contents of enclosure 
(3), the Board finds the existence of an
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 LDO
major 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

/%u_z& &
_-‘U
JONATHAN S. 
Acting Recorder

/&@%5&

/, 
RUSKIN

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.

F-w. DEAN  

PFEIFFER

Executive Director

2

HEADQUARTERS UNITED STATES MARINE CORPS

DEPARTMENT OF THE
3280  RUSSELL ROAD

 

NAVY

QUANTICO, VIRGINIA

22136-5103

 

IN REPLY REFER TO:
1610
MMER
16 Aug 00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

ION IN THE CASE OF CAPTAI
SMC

Encl:

(2)
(1)
(3)

CMC Advisory
Copy of CMC
Copy of CMC

ltr  1610
Opinion
ltr  1610

1610 MMOA-4 of
MMER/PERB
MMER of 16 Aug

 of 9

11 Aug
Aug 00
00

00

riced  by enclosure  
icial military record,
1 to 990716 (TR).

(l),

PERB removed from Captain
the fitness report for the

We defer to BCNR on the issue of Captai

2.
the removal of his failure of selection to
Enclosure (2) is furnished to assist in res

By enclosure  

3.
with a copy of the Advisory Opinion contained at

(3),

this Headquarters provided Captai

enclosur

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

DEPARTMENT OF THE NAW

HEADQUARTERS UNITED STATES

 MARINE CORPS

3280 RUSSELL ROAD

QUANTICO,  VIRGINIA  2213445103

R$?FER  TO:

y$JffjY  
MMER/PERB
kUo"  
9 
1000

From:
To:

Subj:

Ref:

CORRECTION

OF NAVAL

RECOR

(a) 

MC0  

161O.llC

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

Reporting Senior

Period of Report

Date of Report

29 Jul 99

980801 to 990716 (TR)

con'tain

It will also state that such

The memorandum will  

There will be inserted in your Naval record a memorandum in

2.
place of the removed'report.
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.
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.
generates your Master Brief Sheet) will be corrected accordingly.
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.

The Commandant of the Marine Corps is not empowered to grant

Accordingly, your case will be forwarded to the Board

The Automated Fitness Report System (the data base which

DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROAD

QUANTICO, VIRGINIA

  22 

134-5 103

IN REPLY REFER TO:
1600
MMOA-4
11 Aug 00

MEMORANDUM FOR THE  

EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

Ref:

(a) 

M
0

CAPTAIN

USMC

n

in the case

USMC

I”VI  

rluy 

“”

Recommend approval of Captai

1.
request for removal of his failure of

selection.

Per the reference, we reviewed Capt

2.
and his petition.
Major on the  
Board.
Performance Evaluation Review Board

Subsequently,

FYOl  USMC 

Captai

 

Lirni~fZ??%-Daey
he successfully petitioned the

OrrIcer

 

er fitness report of 980801  
quests removal of his failure of selection.

ord

 Promotion

(P,ERB)

 for removal of

to  990716.

Captain

3
I 

-..

In our opinion,

the petitioned report contained

ant jeopardy that may have resulted in Captain

on-selection.
remarks in Section I that were clearly intended

The report contained numerous

to indicate adverse performance in a report not marked
adverse by the Reporting Senior.
comments contained similar "growing" comments to include

- the statement,

"Requires significant grooming for field

The Reviewing Officer's

comment alone could have resulted

his
failure of selection.

Removal of this rep

4.
competitiveness of Capt
~r\rn~fii-;i-;~r~
unblemished career. We, therefore, recommend approval of
his request for removal of his failure of selection.

TrT\l?~~)^nc

L”LLLpGLALI

L”IIbL-LII.2

=?-

“cz  

 

 

tly increases the
ecord
?-I

n+hPrwi 

 as no other

C.P

VLlj&_L  

,._....a._.

arine Corps

Head, Officer Assignment Branch
Personnel Management Division