D E P A R T M E N T O F T H E   NAVY 

BOARD  F O R   C O R R E C T I O N   OF  NAVAL  R E C O R D S  

2  NAVY  ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

BJG 
Docket No:  839-02 
25 February 2002 

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

Secretary of  the Navy 

Subj: 

REVIEW OF NAVAL  RECORD 

- - 

Ref: 

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

Encl: 

(1)  DD  Form  149 dtd  14 Jan  02 wlattachments 
(2)  HQMC MMER  memo dtd  28 Jan  02 w/encl 
(3)  HQMC  MMOA-4 memo dtd  25 Jan  02 
(4)  Subject's naval  record 

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  replacing the original 
fitness reports  for  1 June  1999 to  31  May  2000 and  1 June to 23 August  2000, copies of 
which  are in  enclosure (1) at Tabs A  and  B,  respectively, with  revised  reports  for the same 
periods,  copies of  which  are in enclosure (1) at Tabs C and  D,  respectively.  As  indicated  in 
enclosure (2), the Headquarters Marine Corps  (HQMC) Performance Evaluation  Review 
Board  (PERB) has directed  the requested  correction of  Petitioner's fitness report  record.  He 
further requested  removing his failure of  selection by  the Fiscal  Year  2003 Colonel Selection 
Board,  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. 

2.  The Board,  consisting of  Ms.  Moidel and  Messrs.  Morgan  and  Pfeiffer, reviewed 
Petitioner's allegations of  error and  injustice on 21 February 2002, and pursuant to its 
regulations, determined that the corrective action indicated below  should be taken  on  the 
available evidence of  r'mrd.  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 under0existing 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 (3), the Board  finds the existence of  an  injustice warranting the 
following corrective action. 

RECOMMENDATION: 

a.  That Petitioner's se~ord 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's 

recommendation be corrected, removed  or completely expunged  from  Petitioner's  record  and 
that no  such entries or material be added  to  the record  in  the future. 

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. RUSKIN 
Acting Recorder 

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. 

W.  DEAN PFEI 
Executive Director 

D E P A R T M E N T   O F   T H E   N A V Y  

H E A D Q U A R T E R S   U N I T E D  S T A T E S   M A R I N E   C O R P S  

3 2 8 0  R U S S E L L   R O A D  

Q U A N T I C O ,   V I R G I N I A   2 2 1  3 4 - 5 1  0 3  

I N  R E P L Y   R E F E R   T O :  

1610 
MMER 
28 Jan 02 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTICN OF 

NAVAL RECORDS 

SE OF LIEUTENANT COLONE- 

USMC 

Encl:  (1) Copy of CMC ltr 1610 MMER/PERB of 24 Jan 02 

(2) CMC Advisory Opinion 1610 MMOA-4  of 25 Jan 02 
(3) Copy of CMC ltr 1610 MMER/PERB  of 28 Jan 02 

1.  As evidenced by enclosure  (I), PERB replaced in Lieutenant 
colonel- 
the periods 990601 to 000531  (AN) and 000601 to 000823  (TR). 

official military record, the fitness reports for 

2.  We defer to BCNR on the issue of Lieutenant colonel- 
request  for the removal of his failure of selection to the grade 
of Colonel.  Enclosure  (2) is furnished to assist in resolving 
that matter. 

3.  By  enclosure  ( 3 ) ,  this Headquarters provided Lieutenant 
Colone-ith 
enclosure  (2) . 

a copy of the Advisory Opinion contained at 

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

D E P A R T M E N T   O F   T H E   N A V Y  

H E A D Q U A R T E R S   U N I T E D   S T A T E S   M A R I N E   C O R P S  

3 2 0 0  R U S S E L L   R O A D  

Q U A N T I C O .   V I R G I N I A   2 2 1  3 4 - 5 1  0 3  

IN REPLY  R E F E R  T O :  

1610 
MMER/PERB 
JAN  2  4  2002 

From: 
To: 

Commandant of the Ma  ' 

Sub j : 

CORRECTION OF NAVAL RECORD 

Ref: 

(a) MCO 1610.11C 

1.  Per the reference, the Performance Evaluation Review Board 
has reviewed allegations of error and injustice in your Naval 
record.  Having reviewed all the facts of record, the Board has 
directed that your Naval record will be corrected by removing 
therefrom the following fitness reports: 

Date of Report 
---. 

Reporting Senior 

Period of Report 

30 A p r   01 

30  Apr  01 

9906C1 to 000531  (AN) 

000601 to 000823  (TK) 

2.  The documents being removed from vour record will be 
replaced wit 
overing the same periods, 
.  In addition, the Performance 
completed by 
Evaluation S 
e that aenerates your Master 
Brief Sheet) will be modified accordingly. 

- 

2 

2 -  - -  

3 .   The C8x2,~andant of the Marine Corps is not empowered to grant 
or deny the removal of failure(s) of selection from a Naval 
record.  Accordingly, your casc will be forwarded to the Board 
for Correction of Naval Records  (BCNR) for consideration of that 
issue. 

D E P A R T M E N T   O F   T H E   N A V Y  

H E A D Q U A R T E R S   U N I T E D  S T A T E S   M A R I N E   C O R P S  

3 2 8 0   R U S S E L L   R O A D  

Q U A N T I C O .   V I R G I N I A   2 2 1  3 4 - 5 1  0 3  

I N   R E P L Y   R E F E R   T O :  

1600 
MMOA - 4 
25 Jan 02 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION 

OF NAVAL RECORDS 

Subj : 

Ref: 

(a)  MMER Reauest for Advisorv O~inion in the case 
of Lieutenant Colonel 
USMC of 24 Jan 02 

1.  Recommend approval of Lieutenant Colon- 
for removal of his failure of selection. 

quest 

2.  Per the reference, we reviewed Lieutenant Colonel 

-ecord 

and petition.  Lieutenant ~01one'Y"Q"'WmF;ailed 

selection on the FY03 USMC Colonel Promotion Board. 
Subsequently, he successfully petitioned the Performance 
Evaluation Review Board  (PERB) to remove and replace the 
Annual fitness report of  990601 to 000531 and the Transfer 
fitness report of  000601 to 000823.  Lieutenant Colonel 

w e q u e s t s  removal of, his failure of selection. 

3 .   The petitioned fitness reports contained competitive 
concerns that may have resulted in the failure of 
selection.  Removal of these reports increases the 
competitiveness of Lieutenant Colo 
Because the petit 
Lieutenant Colone 
recommend approval of his request for removal of the 
failure of selection. 

orts may have resulted in 
f -1  i  1 I :   1-e  of  -?.',  =-ti nn ,  w e  

record. 

4 .   Point of contact 

Colonel, U. S. Marine Corps 
Deputy Director 
Personnel Management Division