DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2  NAVY ANNE

X

WASHINGTON DC 20370.510

0

BJG
Docket No:  
26 August 2002

7354-02

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

Secretary of the Navy

Subj:

1STL
REVJEW OF NAVAL RECORD

SM

Ref: (a)

Title 

10 U.S.C. 1552

Encl:

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

DD Form 149 dtd 13 Mar 02 w/attachments
HQMC MMER memo dtd 13 Aug 02  
HQMC MMOA-4 memo dtd 9 Aug 02
Subject’s naval record

w/encl

Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure

1.
(1) with this Board requesting, in effect, that his naval record be corrected by removing five
fitness reports, those for 2 May to 31 July 2000, 1 August to 11 December 2000,
12 December 2000 to 2 May 200  
copies of which are in enclosure (1) at Tabs A through E, respectively. As indicated in
enclosure 
Board (PERB) has directed removing the contested fitness reports. Petitioner further
requested removing his failure of selection by the Fiscal Year 2003 Captain Selection Board,
so as to be considered by the selection board that next convenes to consider officers of his
category for promotion to captain as an officer who has not failed of selection to that grade.

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

1, 3 to 3 1 May 2001, and 1 June to30 November 2001,

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 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.

a$ached as enclosure  

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of
(3), the Board finds the existence of an injustice warranting the
contents of enclosure  
following corrective action.

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 captain
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

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.

Executive Dir

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS

Y

3280 RUSSELL ROA

D

QUANTICO. VIRGINIA 22 134-S

 

102

7-o:

IN REPLY   REFER 
1610
MMER
13 Aug 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Sub

Encl:

RST LIEUTENANT
SMCR

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

ltr 1610 

ltr 1610

MMER/PERB  of 27 Jun 02

of 9 Aug 02
MMER/PERB  of 13 Aug 02

1.

As evidenced by enclosure  

(l), PERB removed from  

1stLt

fficial  military record,
0502 to 000731

the fitness reports for the

  (SA) , 000801 to 001211 (GC),   001212 to

  (SA) , and 010601 to 011130 (SA).

010502 (CH),

010503 to 010531

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 Captain.

By enclosure  

3.
with a copy of the Advisory Opinion contained a

(3), this Headquarters provide

Evaluation

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

1610
MMER/PERB
Jljs 
7,302

2 

‘r’ 

From:
To:

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

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 following fitness reports:

Having reviewed all the facts of record, the Board has

Date of Report

Reporting Senior

Period of Report

7 Jan 02

7 Jan 02

7 Jan 02

6

Dee 01

17 

Dee 01

000502 to 000731 (SA)

000801 to 001211 (GC)

$5 001212 to 010502 (CH)

010503 to 010531 (SA)

010601 to 011130 (SA)

The memorandum will contain

n

It will also state

There will be inserted in your naval record a memorandum i

2 .
place of the removed reports.
appropriate identifying data concerning the reports and state
that they have 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 reports or the events which may have
precipitated them,
part of the official record.
generates your Master Brief Sheet) will be corrected
accordingly.

unless such events are otherwise properly a

The PES (the data base which

By direction

--

EPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 221 34-51 03

Y

,N 

REPLY  

REFER 

TO

1600
MMOA-4
09 Aug 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

NR PETITION FOR FIRST

LIEUTENAN

Ref:

Recommend approval of First Lieutena

1.
removal of his failure of selection

.

request for

Per the  reference, we rev
2.
First Lieutena
and petition.
USMC Captain Selection Board.
Performance Evaluation Review Board   to remove the following reports:

fully petitioned the

- 000731  

000502 
SA
000801 
GC
001212 
CH
010503 
SA
SA  010601 

- 001211
- 010502
- 010531
- 011130

'

-'

3. In our opinion, the removed reports contained competitive
concerns that may have contributed to his failure of selection.
these reports significantly changes First Lieutenant
cord, and may increase its competitiveness.
we recommend approval of his request for removal of

his failure of selection.

5.

POC

Head, Officer Counseling and
Evaluation Section
Personnel Management Division

.