DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 5612-02
27 June 2002

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

Secretary of the Navy

Subj: C

R

USMC
RD

Ref: (a)

Title 10 U.S.C. 1552

Encl :

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

DD Form 149 dtd 14 Feb 02 w/attachment
HQMC MMER memo dtd 14 Jun 02  
HQMC MMOA-4 memo dtd 5 Jun 02
Subject’s naval record

w/encl

Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,

1.
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the reviewing officer certification from the fitness report for
1 November 1997 to 3 1 March 1998, a copy of which is at Tab A to enclosure (1). As
indicated in enclosure  
Review Board (PERB) has directed removal of the contested certification. Petitioner further
requested removal of his failure of selection before the Fiscal Year 2001 Chief Warrant
Officer 5 
convenes to consider officers of his category for promotion to the grade of CW05 as an
officer who has not failed of selection to that grade.

(CWOS) Selection Board, so as to be considered by the selection board that next

(2), the Headquarters Marine Corps (HQMC) Performance Evaluation

2. The Board, consisting of Messrs. Adams and Bishop and Ms. Moidel, reviewed
Petitioner’s allegations of error and injustice on 27 June 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
of error and injustice, finds as follows:

’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  

(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  
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 CW05
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.

Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
4.
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

~  r
,y?$Jvi.Az~ 
&ild
JONATHAN S.  
Acting Recorder

// $ 1 
RUSKIN

_ &A

Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of

5.
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.

m W. DEAN  

PI+&FFER

Executive Director

DEPARTMENT OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 221 34-51 03

1610
MMER
14 Jun 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

BCNR APPLICATION IN THE CASE OF 

USMC

CWO-

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 5 Jun 02
MMER/PERB of 13 Jun 02
(3) Copy of CMC

MMER/PERB of   20  May 

ltr 1610

ltr 1610  

02

1.

As evidenced by enclosure  

(l), PERB removed from CWO-4
fficial military record, the Reviewing Officer's

Certification from his fitness report for the period 971101 to
980331 (AN).

2.
We defer to BCNR on the issue of
the removal of his failure of select
Enclosure (2) is furnished to assist in resolving that matter.

equest for
of two-5.

By enclosure  

(3), this Headquarters provid
3.
with a copy of the Advisory Opinion contained at

enclosure

(2).

Evaluation

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

DEPARTMENT OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL

GUANTICO, 

VlRGlNlA 

ROAD

 
22134.5103

IN REPLY REFER TO:

1610
MMER/PERB
2002.
MAY 2 0  

From:
To:

Subj:

CORRECTION OF NAVAL RECORD

Ref :

(a) 

MC0 

1610.11C

Per the reference,

3. .
has  reviewed allegations of
record.
directed that   your naval record will be corrected by removing
therefrom the  
Reviewin Officer's Certification only for the
l_-- 
following fitness report:

the Performance Evaluation Review Board
  error and injustice in your naval

Having reviewed all the facts of record, the Board has

-~-

- -

Rprt
Date of 
-.-~^__---_  ____

Reporting Senior
-__
-

Reporting Period
I_-

28 

2lpr 98

971101 to 980331 (AN)

.

There will be inserted in your naval record a memorandum in
The memorandum will state that

I 3
place of the removed comments.
the comments have been removed by
Marine Corps,
and other reviewing authorities; that such boards may not
conjecture or draw inference as to the nature of the comments.

and may not be made available to selection boards

  order  of the Commandant of the

.

c  

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 NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO. VIRGINIA 221 34-51 03

IN 

REPLY  

REFER 

TO:

1600
MMOA-4
5 Jun 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

ARRANT OFFICE
SMC

Recommend approval of

1.
of his failure of selection.

request for removal

Per th

x. record and
2.
e reviewed
FYOl USMC
ailed sele
petition.
selection board. Subsequently, he
Chief Warr
successfully petitioned the Performance Evaluation Review
(PERB) to remove the Reviewing Officer Certification
Board 

e

nnual Fitness Report of 971101 to 980331.
uests removal of his failure of selection.

cwo4

The petitioned fitness report contained competitive

3.
concerns that may ha
selection.
the required PME for
report increases the competitiveness of his record.
Because the petitioned report may have resulted in CW04

n the failure of
'has not completed any of
wo4, the removal of this

failure of selection, we recommend approval of his

request for removal of his failure of selection.

int of contact is

Head, Officer Counseling  
Evaluation Section
Officer Assignment Branch
Personnel Management Division

&