DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

BJG
Docket No: 8231-01
2 November 2001

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

Secretary of the Navy

Subj 

:

Ref:

Encl:

SMC

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

(1) DD Form 149 dtd 24 Aug 01 w/attachment
(2) HQMC MMER memo dtd 31 
(3) HQMC MMOA-4 memo dtd 26 
(4) Subject’s naval record

Qct 01 
Get 01

w/encl

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 report for 8 September to 13 November 1999, a copy of
which is at Tab A to enclosure (1). As indicated in enclosure 
(2), the Headquarters Marine
Corps (HQMC) Performance Evaluation Review Board (PERB) has directed removal of the
contested fitness report. Peitioner further requested removal of his failure of selection before
the Fiscal Year 2002 Captain Selection Board, so as to be considered by the selection board
that next convenes to consider officers of his category for promotion to the grade of captain
as an officer who has not failed of selection to that grade.

2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 2 November 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.

In correspondence attached as enclosure 

(3), the HQMC office having cognizance

b.

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 captain
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

JONATHAN 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.

Executive Director

2

DEPARTMENT OF THE NAV

Y

HEADOUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22134.5103

IN REPLY REFER TO:

1610
MMER
31 

Ott 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

HE CASE OF FIRST LIEUTENA
USMC

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 26 
(3) Copy of CMC

ltr 1610 MMER/PERB of 31

ltr 1610  

MMER/PERB of   25 

Ott 01

Ott 01

Ott 01

1.
As e
Lieutena
for the epriod 990908 to 991133 (TR).

enclosure 
ficial military record, the fitness report

(l), PERB removed from First

We defer to BCNR on the issue of First  

2.
request for the removal of his failure of selection to the grade
of Captain.
that matter.

Enclosure (2) is furnished to assist in resolving

Lieuten

enclosure 
th a copy of the Advisory Opinion contained at enclosure

(3), this Headquarters provided First Lieutenant

Pgrformance Evaluation

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

OF THE NAV
HEADQUARTERS UNITED STATES MARINE

DEPARTMENT 

Y
  CORPS

8280  RUSSELL ROAD

QUANTICO, VIRGINIA 22134.5103

IN REPLY REFER TO:

1610
MMER/PERB
2 5 

oc1 

zoo1

From:
To :

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

Per the reference, the Performance Evaluation Review   Board
l
Having reviewed all the facts of record, the Board has
  removing

1.
has reviewed
record.
directed that your Naval record will be corrected by
therefrom the following fitness report

alLegations of error and injustice

  in your Nava

:

 

Date of Report

Reporting Senior

Period of Report

13 Nov 99

990908 to 991113   (TR )

.

The memorandum will contai

There will be inserted in your Naval record a memorandum i

2.
place of the removed report
appropriate identifying data concerning the report and stat
that it has been removed by direction of the Commandant of th
Marine Corps and cannot be made available in any form t
selection boards and
that such boards may not conjecture or draw any inference as to
the nature of the report or the events which may have
precipitated it,
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

  reviewing authorities.

n

o

n

e

e

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
record.
Accordingly, your case
for Correction of Naval Records
issue.

will be   forwarded to the Board
(BCNR) for consideration of tha

t

By direction

DEPARTMENT OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 221 34.51 03

IN REPLY REFER TO:

1600
MMOA- 4
26 

Ott 01

MEMORANDUM FOR THE

EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

Ref:

BCNR PETITION FOR FIRST LIEUTENANT

USMC

(a) MMER Request for Ad
of First Lieutenant
USMC of 25 

Ott 01

Recommend approval of First

1.
removal of his failure of selection.

Lieutenan

quest for

Per the reference, we reviewed First Lieutenan

2.
and his petition.
First Lieutenan
FY02 USMC Captain Selection Board.
petitioned the Performance Evaluation Review Board for removal of
the Transf
Lieutenant

report of 990908 to 991113.
ests removal of his failure of selection.

First

In our opinion, the adverse material in the petitioned report

3.
does present serious competitive concern to the record.
Therefore, removal of the adverse report enhances the
competitiveness of the record.
resulted in First Lieutenan
recommend approval of his request for removal of his failure of
selection.

Since the adverse report likely

ailure of selection we

4 .

Point of contact is

Marine Corps

Head, Officer Assignment Branch
Personnel Management Division