DEPARTMENT OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2   N A V Y A N N E X  

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

BJG 
Docket  No:  4278-02 
23  May  2002 

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

Secretary of  the Navy 

Subj: 

L T C O L U S M C -
REVIEW OF NAVAL  RECORD 

 

Ref: 

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

Encl: 

(1)  DD  Form  149 dtd  7 Jan  02 wlattachments 
(2)  HQMC MMER  menlo dtd  30  Apr  02 w/encl 
(3)  HQMC  MMOA-4 memo dtd  30 Apr  02 
(4)  Subject's naval  record 

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 4 February  to  10 August 2000,  a copy of  which 
is at  Tab  A.  As  indicated  in  enclosure (2),  the Headquarters Marine Corps (HQMC) 
Performance Evaluation  Review  Board  (PERB) has  directed removal of  the contested  fitness 
report.  Petitioner  further  requested  removal of  his  failure of  selection before the  Fiscal  Year 
2003 Colonel 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  colonel as an 
officer who has not  failed of  selection to  that grade. 

2.  The Board,  consisting of  Messrs.  Kim,  Novello,  and  Pfeiffer,  reviewed  Petitioner's 
allegations of  error and  injustice on  23 May  2002, 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, 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  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'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  Rccords (32 Code of  Fcdcral  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 P F ~ F F E R  
Executive Director 

8  J E P I R T M E N T   O F   T H E   N A V Y   a - 

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   TO: 

1610 
MMER 
30 Apr 02 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

S u b j  :  BCNR APPLICATION  IN THE CASE OF LIEUTENANT COLONEL 

Encl:  (1) Copy of CMC ltr 1610 MMER/PERB of 26 Apr  02 

(2) CMC Advisory Opinion  1610 MMOA-4  of 30 Apr  02 
(3) Copy of CMC ltr 1610 MMER/PERB of 30 Apr 02 

1.  As  evidenced by enclosure  (I), PERB removed from Lieutenant 
Colone 
the pe 

official military  record, the fitness report for 
4 to 000810  (AN). 

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-h 
enclosure  (2) . 

a copy of the Advisory Opinion contained at 

valuation 

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  UWlTEO  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  

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

IN REPLY  REFER  TO: 

1610 
MMER/PERB 
APR  2 6  2002 

S u b j :   CORRECTION  O F   NAVAL  RECORD 

(a) MCO 1610.11C 

1.  P e r   t h e   r e f e r e n c e ,   t h e   Performance  E v a l u a t i o n   Review  Board 
h a s   r e v i e w e d   a L l e g a t i o n s   of  e r r o r   and  i n j u s t i c e   i n   y o u r   Naval 
r e c o r d .   Havi.ng  r e v i e w e d   a l l   t h e   f a c t s   o f   r e c o r d ,   t h e   Board  h a s  
d i r e c t e d   t h a t   y o u r   Naval  r e c o r d   w i l l   be  c o r r e c t e d   by  removing 
t h e r e f r o m   t h e   f o l l o w i n g   f i t n e s s  r e p o r t :  

Da Le  of  .- R e e o r t  

R e 2 o r t i n g   S e n i o r  
- 

-- 

P e r i o d   o f   R e p o r t  
- 

4 Aug  00 

2 .   Y'here  will b e   i n s e r t e d   i n   y o u r   Naval  r e c o r d   a   memorandum  i n  
p l a c e   o f   t h e   removed  r e p o r t .   The  memorandum  w i l l   c o n t a i n  
a p p r o p r i a t e   i d e n t i f y i n g   d a t a   c o n c e r n i n g   t h e   r e p o r t   and  s t a t e  
L h a t   i t   h a s   b e e n   removed  b y   d i r e c t i o n   o f   t h e   Commandant  o f   t h e  
Marine  Corps  and  c a n n o t   b e   made  a v a i l a b l e   i n   a n y   form  t o  
s e l e c t j o n   b o a r d s   and  r e v i e w i n g   a u t h o r i t i e s .  
I t   w i l l   a l s o   s t a t e  
t h a t   s u c h   b o a r d s   may  n o t   c o n j e c t u r e   o r   draw  any  i n f e r e n c e   a s   t o  
t h e   nature o f   t h e   r e p o r t   o r   t h e   e v e n t s   which  may  have 
p r e c i p i t a t e d   i t ,   u n l e s s   s u c h   e v e n t s   a r e   o t h e r w i s e   p r o p e r l y   a  
p a r t   o f   t h e   o f f i c i a l   r e c o r d .   The  Automated  F i t n e s s   Report 
S y s t e m   ( t h e  d a t a   b a s e   which  g e n e r a t e s   y o u r   M a s t e r   B r i e f   S h e e t )  
w i l l   be  c o r r e c t e d   a c c o r d i n g l y .  

3 .   The  Commandant  o f   t h e   Marine  Corps  i s   n o t   empowered  t o   g r a n t  
o r   deny  t h e   removal  o f   f a i l u r e ( s )  o f   s e l e c t i o n   from  a   Naval 
r e c o r d .   A c c o r d i n g l y ,   y o u r   c a s e   w i l l   be  f o r w a r d e d   t o  t h e   Board 
f o r   C o r r e c t i o n   o f   Naval  R e c o r d s   (BCNR)  f o r   c o n s i d e r a t i o n   o f   t h a t  
issue . 

A 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   ROAD 

O 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   TO: 

1600 
MMOA - 4 
30 Apr 02 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,  BOARD FOR CORRECTION 

OF NAVAL RECORDS 

Subj :,  BCNR PETITION FOR LIEUTENANT C

MC 

A 

Ref: 

(a) 

of 26 Apr 02 

O

L

O

~

,

 

in the case 
SMC 

1.  Recommend approval of Lieutenant Colonel 
request for removal of his failure of select 

reference, we reviewed Lieutenant Colonel 

. -., 

ecord and petition.  Lieutenant colon- 

failed selection on the FY03 USMC Colonel Promotion Board. 
Subsequently, he successfully petitioned the Performance 
Evaluation Review Board  (PERB) to remove the Annual Fitness 
Report of 000204-000810.  Lieutenant ~ o l o n e j e q u e s t s  
removal of his failure of selection. 

3.  The petitioned fitness report contained competitive 
concerns that may have resulted in the failure of 
selection.  The removal of the petitioned report increases 
the competitiveness of Lieutenant colonel-record. 
Since the comments in the petitioned report likely 
contributed to Lieutenant colon@- 
selection, we recommend approval of his request for removal 
of his failure of selection. 

failure of 

4.  Point of co 

>- 

-3 

Major, U. , .  ,-brine Corps 
Head, Officer Counseling & 
Evaluation Section 
Officer Assignment Branch 
Personnel Management Division