DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No:
14 September 2001

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

Secretary of the Navy

Subj:

CAP
REVIEW OF NAVAL RECORD

USMC

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1) DD Form 149 dtd 15 May 01 w/attachment
(2) HQMC MMER memo dtd 4 Sep 01 w/encl
(3) HQMC MMOA-4 memo dtd 30 Aug 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 fitness reports for 2 August to 18 December 1995 and
19 December 1995 to 26 February 1996, copies of which are in enclosure (1) at Tabs A and
B respectively. As indicated in enclosure 
Performance Evaluation Review Board (PERB) has directed removal of the contested fitness
reports. Petitioner further requested removal of his failure of selection before the Fiscal
Year 2002 Major 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 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. Geisler, Morgan, and Taylor, reviewed Petitioner’s
allegations of error and injustice on 13 September 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 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

&-p&m.4  
JONATHAN S. 
Acting Recorder

RUSKIN

.cJ,diLL4?~~

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

HEADOUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 221 34-5103

IN REPLY REFER TO:

1610
MMER
4 Sep 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ON IN THE CASE OF CAPTAI'
SMC

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 30 Aug 01
(3) Copy of CMC

MMER/PERB  of 23 Aug 01

ltr 1610 

ltr 1610

MMER/PERB  of 4 Sep 01

idenced by enclosure  
official military record,
the fitness reports for
ds 950802 to 951218 (TD) and 951219 to 960226 (TD).

(l), PERB removed from Captain

We defer to BCNR on the issue of Captai

2.
the removal of his failure of selection to the grade of Major.
Enclosure (2) is furnished to assist in resolving that matter.

equest for

By enclosure  

3.
with a copy of the Advisory Opinion contained at enclosure (2).

(3), this Headquarters provided Captain

mance Evaluation.

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

DEPARTMENT OF THE NAV

Y

CORP
HEADQUARTERS UNITED STATES MARINE

S

 

3280 

RUSSELC ROA D

QUANTICO, VIRGINIA 22134.510

3

IN REPLY  

REFEA  T O:

1610
MMER/PERB
23 

bU6 

2001

From:
To:

Commandant of the Marine Corps

MCR

Subj:

CORRECTION OF NAVAL RECORD

Kef:

(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
therefrom the following fitness reports:

Having reviewed all the facts of record,  
 

the Performance Evaluation Review Board

the.Board  has
byc&emoving

Date of Report

Reporting Senior

Period of Report

20 

Dee 95

26 Feb 96

950802 to 951218 (TD)

951219 to 960226 (TD)

There will be inserted in your Naval record a memorandum in

2.
place of the removed reports.
The memorandum will contain
appropriate identifying data concerning the reports and state
that they have 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 reports or the events which may have
precipitated them,
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

The Commandant of the Marine Corps is not empowered to grant

3.
or deny the removal of failure(s) of selection from a Naval
Accordingly,  your  case will be forwarded to the Board
record.
for Correction of Naval Records (BCNR) for consideration of that
issue,

By direction

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES

  MARINE CORP

3280 RUSSELL ROAD

QUANTICO. VIRGINIA 221 34-51 03

Y

S

IN REPLY REFER TO:

1600
MMOA-4
30 Aug 01

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF 

NAVAL RECORDS

Subj:

Ref:

BCNR PETITION FOR CAPTAI

R

\

(a)  MMER Reque
of Captai
of 23 Aug 01.

ase

-.s  

Recommend approval of Captai
1.
of his failure of selection to  

Mayor.

'equest for removal

Per the

referen
2.
Capt
his petition.
USMC Major Selectio
petitioned the Performance Evaluation Review Board for removal
of the To Duty fitness reports of 950802 to 951218
(TD) and
951219 to 960226  
failure of selection.

d Capta
se1
led 
sequently, he successfully

Captai

quests removal of his

(TD).

ecord and
FY-02

 

In our opinion, the adverse material in the petitioned

3.
report did present substantial competitive concern to the
record. Therefore, removal of the adverse reports enhances the
competitiveness of the r
likely resulted in Capta
recommend approval of hi
of selection to Major.

the adverse reports
ailure of selection, we
removal of his failure

4.

Point of contact

arine Corps

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