DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 1941-01
23 March 2001

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

Secretary of the Navy

Subj 

:

two- 2
REVIEW OF NAVAL RECORD (PARTIAL RECONSIDERATION)

SM

-

Refi (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)
(4)
(5)

DD Form 149 dtd 4 Jan 01 w/attachment
BCNR BJG Docket No: 5299-98 ltr dtd 26 Aug 98 
HQMC PERB memo dtd 9 Mar 01 w/encl
HQMC MMOA-4 memo dtd 8 Mar 01
Subject’s naval record

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 11 July 1996 to 3 1 March 1997, a copy of
which is at Tab A to enclosure (1). His request to remove this fitness report was previously
denied on 26 August 1998 (enclosure (2) refers). As indicated in enclosure 
Headquarters Marine Corps (HQMC) Performance Evaluation Review Board 
directed removal of the contested fitness report. Petitioner now adds a new request for
removal of his failure of selection before the Fiscal Year 2001 Chief Warrant Officer-3
(CWO-3) Selection Board, so as to be considered by the selection board next convened to
consider officers of his category for promotion to the grade of CWO-3 as an officer who has
not failed of selection to that grade.

(3), the
(PERB) has

2. The Board, consisting of Messrs. Bishop, Hogue, and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 22 March 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 
of error and injustice, finds as follows:

record pertaining to Petitioner’s allegations

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 

(4), 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,
(4), 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
CWO-3 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 

Direct0

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 

QUANTICO, 

RUSSELL ROAD
VlRGlNlA  22   134-5 103

IN REPLY REFER TO:
1610
MMER
9 Mar 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ION IN THE CASE 0
USMC

(1) Copy of CMC
(2) CMC Advisory Opinion 1610 MMOA-4 of 8 Mar 01
(3) Copy of CMC

MMER/PERB  of 9 Mar 01

MMER/PERB  of 1 Mar 01

ltr 1610

ltr 

161.0

1.

As evidenced by enclosure  

ficial  military record,
0711 to 970331 (CH).

(l), PERB removed from CW02

the fitness report for the

We defer to BCNR on the issue of

2.
the removal of his failures of  
 

qhpd  to

selec
;Iri  

fllrni 

c 
I ” 

rnr1 
UIIL_L ”..J 

r-,c,,rn
LUL 

L.ALI.LY  

13)
\L.,  

_---__  

.A_y 

_-

i 

st  

in  

___  

s request for
rade of CW03.
matter.

that  

resolving  

--  

~~~

---  

By enclosure  

3.
a copy of the Advisory Opinion contained at

(3), this Headquarters provide

enclosure

,with

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

3280 

RUSSELL ROAD

QUANTLCO,

 VIRGINIA 22

 

DEPARTMENT OF  

THE NAVY

HEADqUARTERS

 

UNWED  STATES MARINE CORPS

134-5  

103

TQ:

IN REPLY REFER  
1610
MMER/PERB

From:
To:

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

Per the reference,

1.
has reviewed allegations of error and injustice in your Naval
record.
directed that your Naval record will be corrected by removing
therefrom the following fitness report:

Having reviewed all the facts of record, the Board has

the Performance Evaluation Review Board

Date of Report

Reporting Senior

Period of Report

21 Mar 97

960711 to 970331   (CH)

The memorandum will contain

There will be inserted in your Naval record a memorandum in

2.
place of the removed report.
appropriate identifying data concerning the report and state
that it has 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 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

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.
for Correction of Naval Records (BCNR) for consideration of that
issue.

Accordingly, your case will be forwarded to the Board

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 

RUSSELL ROAD

QUANTICO, VIRGINIA 22

 

134-5  103

IN REPLY REFER TO:
1600
MMOA-4
08 Mar 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,

OF NAVAL RECORDS

BOARD FOR CORRECTION

Subj:

Ref:

(a)

RRANT
MC

inion in the case

Recommend approval of Chief Warrant Office

1.
request for re

reference, we reviewed Chief Warrant Office
Chief Warrant Office
cord and his petition.
FYOl USMC  Chief Warrant Officer
ction on the 

Subsequently,

he successfully petitioned the
Selection Board.
Performance Evaluation Review Board for removal of the Change of
Reporting Senio
Warrant Officer
selection.

port of 960711 to 970331.
quests removal of his failure of

Chief

In our opinion, the petitioned report does present jeopardy

3.
to the record and removal of the report enhances the
competitiveness of the record.
contain other areas of competitive concern, we believe Chief
Warrant Office
doubt and have his

hould be afforded the benefit of the

failure of selection removed.

While we recognize the record may

ntact is Lieutenant  

Co10

Officer Assignment Branch
Personnel Management Division

ine Corps