S

BJG
Docket No: 7330-02
26 August 2002

DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

From:
To:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

Subj 

:

Ref:

Encl:

MAJ
REVIEW OF NAVAL RECORD

SM

(4

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

Title 10 U.S.C. 1552

DD Form 149 dtd 1 May 02 w/attachments
HQMC MMER memo dtd 13 Aug 02 w/encl
HQMC MMOA-4 memo dtd 13 Aug 02
Subject’s naval record

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 fitness report for 18 June to 25 September 1992, a copy of which
is at Tab A to enclosure (1).
(HQMC) Performance Evaluation Review Board (PERB) has directed removal of the
contested fitness report.
the Fiscal Year (FY) 2003 Lieutenant Colonel Selection Board, so as to be considered by the
FY 2004 Lieutenant Colonel Selection Board, scheduled to convene on 9 October 2002, as an
officer who has not failed of selection to lieutenant colonel. Finally, he requested remedial
consideration for promotion.

Petitioner further requested removal of his failure of selection before

(2), the Headquarters Marine Corps

As indicated in enclosure  

2. The Board, consisting of Messrs. Agresti, McBride and Shy, reviewed Petitioner
allegations of error and injustice on 21 August 2002, and pursuant to its regulations,
determined that the limited 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.

’s

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  

(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.

atbched as enclosure  

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 limited
relief, specifically, removal of Petitioner ’s failure of selection for promotion.

The Board finds Petitioner ’s request for consideration by a remedial promotion board should
be denied. In this regard, they note that the next regular promotion board is scheduled to
convene soon, on 9 October 2002. Further, they find that his consideration by a regular
promotion board, with a corrected fitness report record and status as not having failed of
selection, will provide him adequate relief.

In view of the above, the Board directs the following limited 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
lieutenant 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

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.

d. That Petitioner’s request for remedial consideration for promotion be denied.

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

4.
Records (32 Code of Federal Regulations, Section  
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.

723.6(c)) it is certified that a quorum was

ROBERT D. ZSALMAN
Recorder

Acting Recorder

2

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.

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS

9280  RUSSELL ROA

QUANTICO,

 VIRGINIA 22

 

D
134-S 

Y

103

IN REPLY REFER TO:
161 0
MMER
13 Aug 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ON IN THE CASE OF 
SMC

MAJO

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

MMER/PERB  of  

ltr 1610

ltr 1610  

9 Aug  

02

1.

,“@

As evidenced by enclosure  

(l), PERB removed from Major

icial military record,
o 920925 (TR).

the fitness report for the

2.
We defer to BCNR on the
for the removal of his failu
Lieutenant Colonel.
resolving that matter.

request
e of
Enclosure (2) is furnished to assist in

By enclosure  

_.
3
with a copy of the Advisory Opinion contained a

(3), this Headquarters provide

valuation

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

DEPARTMENT OF THE NAVY

NeADQUARTERS

 UNITED

 

STATES  MARINE CORP

3280  RUSSELL ROA

D

QUANTICO,

 VIRGINIA

 

22134.3103

S

IN REPLY REFER TO:
1610
MMER/PERB
2002
AUG 

9 

Subj:

CORRECTION OF NAVAL RECORD

Rcf:

(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
--.--_

25 scp 92

Reporting Senior

Period of Report

920618 to 920925 (TR)

.

The memorandum will contai

There will be inserted in your Naval record a memorandum i

2 .
place of the removed report
appropriate identifying data concerning the report and stat
that it has been removed by direction of the Commandant of th
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

n

It will also state

n

e

e

3.
The Commandant of the Marine Corps is not empowered to
or deny the removal of failure(s) of selection from a Naval
record,
for Correction of Naval Records (BCNR)
issue

Accordingly, your case will be forwarded to the
  for consideration of

.

  grant

  Board

  tha t

DEPARTMENT 

OF THE NAV

HEADDIJARTERS

 UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D

OUANTICO, VIRGINIA 221 34-51 03

Y

IN 

TO:

REPLY REFER  
160 0
MMOA-4
13 Aug 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

PETIT;ON FOR 

MAJO

Subj:

BCNR 
USMC

Ref:

(a)

of 9 Aug 02.

Recommend approval of

1.
of his failure of selection.

Per the ref
Maj

2 .
petition.
Lieutenant Colonel-Selection Board.
Performance Evaluation Review
report from 920618 to 920925.
his failure of selection.

e of
C

'request for removal

He successfully petitioned the
remove the Transfer
requests removal of

3 .
competitiveness of
removed, Major
competitive je

In our opinion, the favorable PERB action does increase the
But with the petitioned report
ecord still contains considerable
following areas:

the record.

a.

Relative Value

remain below those of his peers being selected for promotion.
His Cumulative Relative Values of 80.00, 80.00, 90.61, 90.61,
and 95.30 indicate a mid-pack performance and remain a
competitive concern.

. Maj

elative Value

ewing Officer Comparative Assessment
eviewing Officer Comparative Assessmen

.

On the 990201 to 990719 repor

competitive concern
marked him in the 3 block with zero marked below him and 2
marked above him.
On the 990816 to 000731 report,
marked him in the 4 block with two marked below hi
marked above him.

. Majo r

t
t

nt s
rst two

from 

Co1 Turner

.
‘  reports reviewed 

competitive concerns.

The

b

s

9

Subj:

BCNR PETITION FOR
USMC

i

In summary,
4 .
competitiveness
recognize his r
concern,
benefit of the do
removal of his failure of selection.

the favorable PERB action did change the
Though we
cord.
as of competitive
ould be afforded the
roval of his request for

Head, Officer Counseling and
Evaluation Section
Personnel Management Division

2