DEPARTMENT OF THE NAVY
  N AVAL 

CORRECTION  OF

 

BOARD FOR

RECORDS

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

BJG
Docket No: 7123-01
13 September 2001

From:
To:

Subj 
:

Ref:

Encl:

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

LTCO
REVIEW OF NAVAL RECORD

USMC

(a>
(1)
(2)
(3)
(4)

Title 10 U.S.C. 1552

DD Form 149 dtd 20 Jul  01 w/attachment
HQMC MMER memo dtd 10 Sep 01 
HQMC MMOA-4 memo dtd 6 Sep 01
Subject’s naval record

w/encl

1. Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure
(1) with this Board requesting that his naval record be corrected by removing the reviewing
officer’s certification from his fitness report for 1 October 1991 to 24 August 1992, a copy
of which is in enclosure (1) at Tab A. Enclosure (2) reflects the Headquarters Marine Corps
(HQMC) Performance Evaluation Review Board (PERB) has directed removal of the
contested certification. Petitioner also requested removing his failures of selection before the
Fiscal Year 
(FY) 2000 through 2002 Colonel Selection Boards, so as to be considered by the
selection board next convened to consider officers of his category for promotion to colonel as
an officer who has not failed of selection to that grade (the FY 2003 Colonel Selection Board
is scheduled to convene on 3 October 2001). Finally, he requested a special selection board.

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 limited 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 

apphcable 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 failures 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 
relief, specifically, removal of Petitioner

(3), the Board finds the existence of an injustice warranting partial

’s failures of selection for promotion.

The Board finds that Petitioner ’s request for a special selection board should be denied.In
this connection, they note that his regularly scheduled promotion board is imminent; and they
find that his consideration by the regular board, with a corrected fitness report record and
status as not having failed of selection, will provide him sufficient relief.

In view of the above, the Board directs the following limited corrective action.

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
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.

d. That Petitioner ’s request for a special selection board be denied.

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

) d
.r”A
RUSKIN

2

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.

p% W. DEAN PFEIFFER

Executive Director

3

DEPARTMENT OF

  THE  NAV Y

HEADQUARTERS UNITED STATES MARINE CORPS
D

3280  RUSSELL ROA
QUANTICO, VIRGINIA 221 34-510

3

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

LIEUTENANT COLONEL
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

(l), PERB removed from Lieutenant
enclosure 
fficial military record, the entire Reviewing

Officer's Certification from his fitness report for the period
911001 to 920824 (CD).

We defer to BCNR on the issue of Lieutenant Colonel

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

By enclosure  

3.
Colonel
enclosure  (2).

(3), this Headquarters provided Lieutenant
th a copy of the Advisory Opinion contained at

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  T O:

1610
MMER/PERB

From:
To 

:

Commandant of the Marine Corps

Subj:

CORRECTION OF NAVAL RECORD

\

Ref:

(a) 

MC0 

1610.11C

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
-

1.5 Nov 92

Reporting Senior

Reporting Period

Ltcol

911001 to 920824 (CD)

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;
conjecture or draw inference as to the nature of the comments.
In addition, the Automated Fitness Report System (the data base
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 failures of selection from a Naval
record.
for Correction of Naval Records (BCNR) for consideration of that
issue.

Accordingly, your case will be forwarded to the Board

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS
D

3280 RUSSELL ROA

QUANTICO, VIRGINIA 221 34-510

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:

the case
SMC

Recommend approval of Lieutenant Colonel

1.
request for removal of his failures of

selection.

2 .

Per the reference, we reviewed Lieutenant Colonel

record and petition.
lection on the FYOO,  

Lieutenant Colone
FYOl, and FY02 USMC

Promotion Boards.
the Performance Evaluation Review Board (PERB) to remove
the Reviewing Officer Comments in the Change of Duty

Subsequently, he successfully petitioned

port of 911001 to 920824.
quests removal of his failures of selection.

Lieutenant Colonel

The Reviewing Officer comments in the petitioned

3.
fitness report contained serious competitive concerns that
may have resulted in the failures of selection.
eases the competitiveness
signif
these comments  
ecord.
of Lieutenant Colonel
esulted in Lieutenant
in the
rep
ection, we recommend
fai
Colone
approval of his request for removal of his failures of
selection.

Since the comments

Removal of

4 .

Point of contact

Head, Officer Assignment Branch
Personnel Management Division