DEPARTMENT 

PF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 8309-01
28 November 2001

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

Secretary of the Navy

Subj 

:

Ref:

Encl:

CAP
REVIEW OF NAVAL RECORD

USMCR

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

(1) DD Form 149 dtd 1 Aug 01 w/attachments
(2) HQMC MMER memo dtd 16 Nov 01 
(3) HQMC CMT memo dtd 15 Nov 01
(4) Subject’s naval record

w/encl

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
tiled enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the reviewing officer’s certification from the fitness report for
3 May 1996 to 6 May 1997, 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 certification. Petitioner further
requested removal of his failure of selection before the Fiscal Year 2002 Active Reserve
Major 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 major as an officer who has
not failed of selection to that grade.

2. The Board, consisting of Messrs. Brezna, Pfeiffer, and Swarens, reviewed Petitioner’s
allegations of error and injustice on 28 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.

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,
(3), the Board finds the existence of an
contents of enclosure 
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 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

(JsnA& m-/ 
JONATHAN S. 
Acting Recorder

1 .. 
RUSKIN

/ 4F? &

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 

Direct0

2

DEPARTMENT OF

THE NAV
HEADOUARTERS  UNITED STATES MARINE CORPS

 

3280 

RUSSELL ROAD

QUANTICO. VIRGINIA 22134-510

Y

3

IN REPLY REFER  

TO:

1610
MMER
16 Nov 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ION IN THE CASE OF CAPTAIN
USMCR

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

ltr  1610 MMER/PERB of 6 Nov 01
Opinion
1610 CMT
ltr  1610 MMER/PERB

of 15 Nov 01
of 16 Nov 01

1.

As evidenced by enclosure  

(l),

fficial  military record, the Reviewing Officer's

Certification included with his fitness report for the period
960503 to 970506 (TR).

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.

request for

By enclosure  

3.
with a copy of the Advisory Opinion contained at

this Headquarters provided Captain

(3),

enclosu

Performance Evaluation

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

D&PARTMENT  OF THE NAVY

HEADGUARTERS  UNITED STATES  

MARINE  CORP S

3280 RUSSELL ROAD

GUANTICO.  VIRGINIA 22134-5103

‘

IN REPLY REFER TO!

1610
MMER/PERB
,6 

NOV 

23’1

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.
direc-ted that your Naval record will be corrected  
therefrom the Reviewing Officer's Certification only for the
following fitness report:

Having reviewed all the facts of record, the Board has

byiremoving

Date of Report

Reporting Senior

Reporting Period

6 May 97

960503 to 970506 (TR)

There will be inserted in your Naval record a memorandum in

2.
place of the removed comments.
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 memorandum will state that

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,

v-

---“

 

-

- 

-----

By direction

DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED STATES MARINE CORP

S

3280 RUSSELL ROA

OUANTICO,

 VIRGINIA 22134-5103

D

lY

IN REPLY REFER TO:
1610
CMT
15 Nov 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAV AL  RECORDS

Subj:

Ref:

REQUE
CASE

(a) MMER Request

Capta

for Advisor

ION;
SMCR

n the case of
16 Nov 01

d 

competitiveness

Per reference (a),

we have reviewed Capta

1.
determine his
opinion, Capta
comments from the
970506, would be more competitive with the majority of his peers
based on the following:

ecord,
report for the period 960503 to

for selection to major.

without the reviewing officer

fitness

ecord to
In our

a.

Capta

in any categories.
old fitness report system.
against his peers he has been 1 of 2, and ranked in the
excellent to outstanding block, with four above him.

Generally,

tness reports reflect no negative trends
he has been ranked 1 of 1 in the
In the two times he has been ranked

b.

Comments from the remaining fitness reports are positive

, from both reporting seniors and reviewing officers; "be willing

to have him command a platoon,"
study,"
"Augment now," "Top  
"promote with peers."

"High impact starter  

& quick

lO%-er,"  "ahead of peers" and

C .

awarded a Na
Achievement Medal.
first class PFT score of 209.

PME complete for his grade.
ne Corps Commendation Medal, and a Navy
His most recent fitness report indicates a

He has been