DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 7122-01
14 September 2001

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

Secretary of the Navy

Subj 

: MAJ

REVIEW OF NAVAL RECORD

USMC

Ref: (a)

Title 10 U.S.C. 1552

Encl:

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

DD Form 149 dtd 12 Jul 01 w/attachment
HQMC MMER memo dtd 10 Sep 01 w/encl
HQMC MMOA-4 memo dtd 6 Sep 01
Subject’s naval record

1. Pursuant to 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 22 June to 31 October 1990, 1 November 1990 to 28 June
1991, 29 June to 6 September 1991, and 15 December 1998 to 15 March 1999, copies of
(2),
which are in enclosure (1) at Tabs A through D respectively. As indicated in enclosure 
the Headquarters Marine Corps (HQMC) 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 Lieutenant Colonel Selection Board, so as to
be considered by the selection board next convened to consider officers of his category for
promotion to lieutenant colonel as an officer who has not failed of selection to that grade.

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,
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
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

;d, F,, 

/z/‘%&&

ONATHAN S. 
Acting Recorder

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.

c;t ”;a A?A
% W. DEAN P EIFFER

Executive Director

2

DEPARTMENT OF THE NAV

HEADOUARTERS  UNITED STATES MARINE CORPS

3280  RUSSELL ROA

D

OUANTICO, VIRGINIA 22134-510

Y

3

IN REPLY REFER TO:

1610
MMER
10 Sep 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

E CASE OF MAJ
USMC

Encl:

(1) Copy of CMC 
(2) CMC Advisory Opinion 1610 MMOA-4 of 6 Sep 01
(3) Copy of CMC

ltr 1610 MMER/PERB of 7 Sep 01

ltr 1610 MMER/PERB of 5 Sep 01

1.

As evidenced by enclosure  

(l), PERB removed from Major

official military record,
622 to 901031 (AN),

the fitness reports for the

901101 to 910628 (CD), 910629 to

910906 (TR),

and 981215 to 990315 (TR).

We defer to BCNR on the issue of Ma

2.
the removal of his failure of selection to the grade of
Lieutenant Colonel.
resolving that matter.

Enclosure (2) is furnished to assist in

request for

By enclosure  

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

(3), this Headquarters provided  

Majo

 

(2).

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

: DEPARTMENT OF THE NAV

HEADC~UARTERS  UNITED

 STATES MAR

3200 RUSSELL ROA

QUANT

I CO ,  V I RG I N I A 

22134

I NE CORP
D
. 5103

Y

S

J
From:
To:

‘C

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

 R EFER  T O :

f

y4gy
MMER/PERB
5 

UP 

ml

Pe.r the reference,

the Performance Evaluation Review Board

I.  .
has reviewed allegations of error and injustice in your Naval
record.
directed that your Naval record will be corrected by removing
therefrom the  

Having reviewed all the facts of record, the Board has

foll.owing  fitness reports:

Date of Report

Reporting Senior

Period of Report

6

Ott 90

28 Jun 91

8 Apr 99

900622 to 901031 (AN)

901101 to 910628 (CD)

910629 to 910906 (TR)

981215 to 990315

(TR)

There will be inserted in your Naval record a memorandum in

2.
The memorandum will contain
place of the removed reports.
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

Subj:

CORRECTION OF NAVAL RECORD

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.
for Correction of Naval Records   (BCNR) 
issue

Accordingly, your case will be forwarded to the Board

for consideration of that

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
06 Sep 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj

Ref:

(a) 

of 6 Sep 01

Recommend approval
1.
removal of his failure

MMER Request for Advisory Opinion in the case

USMC

quest for

Lieuten

we

reviewed Ma

Per the reference

2.
and petition
USMC 
successfully petitioned the Performance Evaluation Review
Board 
to  901031, the Change of Duty fitness report of
910628, the Transfer fitness report of 910629 to 910906,

(PERB) to  remove the Annual fitness report of 900622

Subsequently, he

iled
n Board.

ecord
FY02

901101 to

nsfer fitness report of 981215 to 990315.
'quests removal of his failure of selection.

Major

 

11

3.
The petitioned fitness reports contained serious
competitive concerns that may have resulted in the failure
of selection.
increases the competitiveness

Removal of these

 reports

ioned
ure of selection,

his request

for removal of his failure of selection.

we recommend approval  

of

U. S. Marine Corps

Colonel,
Head, Officer Assignment Branch
Personnel Management Division