DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 6688-01
22 August 2001

From:
To:

Subj 

:

Ref:

Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

USM
two
REVIEW OF NAVAL RECORD

GO
(1)
(2)
(3)
(4)

Title 10 U.S.C. 1552

DD Form 149 dtd 19 Jun 01 w/attachments
w/encl
HQMC PERB memo dtd 20 Aug 01 
HQMC MMOA-4 memo dtd 20 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 reviewing officer’s second and third sentences from section K.4 of
the fitness report for 20 May 1999 to 30 April 2000, a copy of which is in enclosure (1) at
Tab A. As indicated in enclosure 
(2), the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board (PERB) has directed removal of all the reviewing officer’s marks
and comments from section K. Petitioner further requested removal of his failure of
selection before the Fiscal Year 2001 Chief Warrant Officer-3 (CW03) Selection Board, so
as to be considered by the selection board next convened to consider officers of his category
for promotion to CW03 as an officer who has not failed of selection to that grade.

2. The Board, consisting of Messrs. Goldsmith, Neuschafer, and Zsalman, reviewed
Petitioner’s allegations of error and injustice on 22 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.

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
CW03 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

Acting Recorder

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 

Direc

2

I

ilEPARTMENT  OF THE NAV Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROA D
 VIRGINIA 22134-510

GUANTICO,

3

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,
NAVAL RECORDS

Subj:

BCNR APPLICATION

IN THE CASE OF
USMC

IN REPLY REFER TO:

1610
MMER
20 Aug 01

BOARD FOR CORRECTION OF

Encl:

(1) Copy of CMC 
(2)
CMC Advisory
(3) Copy of CMC 

ltr  1610 MMER/PERB of 16 Aug 01

1610 MMOA-4

Opinion
ltr  1610 MMER/PERB of 20
(l),  PERB removed

of 20 Auq 01

Aug 

01

As evidenced by enclosure  

fficial  military record, the Reviewing

1.
comments from his fitness report for the period
(CH).
2.
the removal of his failure of 
Enclosure (2) is furnished to assist in resolving that matter.

We defer to BCNR on the issue o

selec

from CWO-2
Officer's
990520 to 000430

s request for
ade of CWO-3.

By enclosure 

3.
with a copy of the Advisory Opinion contained a

this Headquarters provid

(3),

Performance Evaluation

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

DEPARTMENT OF THE NAV

Y

HEADOUARTERS 

UNITED STATES  
3280 RUSSELL ROAD

MAAlNE CORPS

QUANTICO,  VIRGINIA 22134.510

3

From:
To:

Subj:

Ref:

CORRECTION  OF NAVAL RECORD

(a) 

MC0  

1610.11C

TO:

 

IN REPLY REFER

1610
MMER/PERB
1 6 
?@I

AU6 

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
-
30 Apr 00

Reporting Senior

Reporting Period

Cap

990520 to 000430 (CH)

There will be inserted in your Naval record a memorandum in

2.
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; that such boards may not
conjecture or draw inference as to the nature of the comments.

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.
your case will be forwarded to the Board
for Correction of Naval Records (BCNR) for consideration of that
issue.

Accordingly,

GY%ction

IJEPARTMENT OF THE NAV Y

HEADQUARTERS UN

ITED STATES MARINE CORPS
3280 RUSSELL ROAD

QUANTICO.

 V IRGINIA 22134-5103

IN REPLY REFER TO:

1600
MMOA-4
20 Aug  01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

Ref:
4

RANT OFFIC
SMC

(a) MMER Request for Ad

of c

01

1.
Recommend approval of Chief Warrant Officer
request for removal of his failure of selection.

he reference,
ecord and petition.
f Warrant Officer 3 Selection Board.

we reviewed Chief Warrant Officer 2

He failed selection on the 

Subsequently,

FYOl

he successfully petitioned the Performance Evaluation Review
Board for removal of the Reviewing Officers comments from the
Change of Reporting S
Chief Warrant Officer
of selection.

ss report of 990520 to 000430.
quests removal of his failure

In our opinion,

the petitioned report did present

3.
competitive concern to the record which may have resulted in
his failure of 
enhances the competitiveness of the record.
recommend approval of Chief Warrant Officer
for removal of his failure of selection.

Removal of the report significantly
therefore,

selection.

We,

request

4 .

Point of  contact

Head, Officer Counseling and
Evaluation Section
Officer Assignment Branch
Personnel Management Division