DEPARTMENTOFTHE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 7342-02
22 August 2002

: Chairman, Board for Correction of Naval Records

From 
To:

Secretary of the Navy

Subj:

Ref:

Encl:

REVIEW OF NAVAL RECORD

USMC,

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

(1) DD Forms 149 dtd 12 and 18 Apr 02, each w/attachments
(2) HQMC MMER memo dtd 13 Aug 02 w/encl
(3) HQMC MMOA-4 memo dtd 13 Aug 02
(4) 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 section K (reviewing officer marks and comments) from the fitness
report for 14 April to 1 June 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 section K.
Petitioner further requested removal of his
failure of selection before the Fiscal Year 2003 Major 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 major as an officer who has not failed of selection to that grade.

2. The Board, consisting of Messrs. Agresti, McBride and Shy, reviewed Petitioner
2002, and pursuant to its regulations,
allegations of error and injustice on 15 August
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.

 

’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 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,
(3), the Board finds the existence of an
contents of enclosure  
following corrective action.

and especially in light of
injustice warranting the

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 major
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

That any material directed to be removed from Petitioner

’s naval record be returned

C.

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.
Recorder

ZSALMAN

2

 

/.& 

/z._%

&NATHAN 
S. 
Acting Recorder

RUSKIN

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

5. Pursuant
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.

2

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA
QUANTICO,  VIRGINIA 22

D

 

134-5 

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:

BCNR APPLICATION IN THE CASE OF CAPTAIN

, USMC

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

ltr 1610 

ltr 1610 

MMER/PERB  of 8

MMER/PERB  of 13 Jul 

02

Aug 02
13 Aug 02

on K) from the fitness report for the period 000414 to

(l), PERB removed from Captain

the Reviewing Officer's comments

1.

As evidenced by enclosure  
fficial  military record,

000601 (CH).

We defer to BCNR on the issue of Captai

request for
2.
the removal of his failure of selection to the grade of Captain.
Enclosure (2) is furnished.to assist in resolving that matter.

By enclosure  

(3), this Headquarters provided Captain
3.
a copy of the Advisory Opinion contained at enclosure (2).

ith

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

1610
MMER/PERB

From: Co
To:

SMC

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

161O.llC

Per the reference, the Performance Evaluation Review Board

1.
has reviewed allegations of error and injustice in your naval
record.
directed that your naval record will be corrected by removing
therefrom the Reviewing Officer's Comments (Section K in its
entirety) for the following fitness report:

Having reviewed all the facts of record, the Board has

Date of Report

Reporting Senior

Reporting Period

22 Jun 00

000414  to  000601  (CH )

2.
There will be inserted in your naval record a memorandum in
The memorandum will state that
place of the removed comments.
the comments have been removed by order of the Commandant of the
Marine Corps, and may not be made available to selection boards
and other reviewing authorities;
conjecture or draw inference as to the nature of the comments.

that such boards may not

By direction

DEPARTMENT 

Y
HEADOUARTERS  UNITED STATES MARINE CORPS

OF THE NAV

3280 RUSSELL

  ROA D

QUANTICO. VIRGINIA 221 34-51 0

3

IN 

REPLY  

REFER TO :

1600
MMOA-4
13 Aug 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

BCNR PETITION FOR CAPTAI
USMC

(a) MMER Re
Captain
of  13  Aug 02

Recommend approval of

1.
removal of his failure of  

Capt
se1

case of
SMC

st for

Per the refer
Captai

reviewed 
2.
iled selection
petition.
essfully petitioned the Performance
Selection Board.
(PERB) to remove the Reviewing Officer
Evaluation Review Board  
comments and marks on the Change of Reporting Senior report from
000414 to 000601.

Captai

USMC Major

cord and

In our opinion, the petitioned comments and marks contained

3 .
competitive concerns that may have resulted in the failure of
selection.
increases the competitiveness of Capta
Therefore, we recommend approval of hi
removal of the failure of selection.

Removal of the Reviewing Officer comments and marks

ecord.
request for

4.

POC is

Head, Officer Counseling and
Evaluation Section
Personnel Management Division