DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

WASHINGTON DC 20370-510

0

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

Secretary of the Navy

S

BJG
Docket No: 7470-02
4 September 2002

Subj: M A

, JR., US

REVIEW OF NAVAL RECORD

Ref:

Encl :

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

(I) DD Form 149 dtd 31 May 02 w/attachments
(2) HQMC MMER memo dtd 2 Jul 02 w/encl
(3) HQMC MMOA-4 memo dtd 20 Jun 02
(4) Subject ’s naval record

1.
Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure
(1) with this Board requesting that his  “naval record be corrected by removing the fitness
report for 2 October to 12 November 1996 (copy at Tab A to enclosure (1)). As indicated in
enclosure 
Board (PERB) has directed removing the contested fitness report. Petitioner further requested
removing his failure of selection by the Fiscal Year 2003 Lieutenant Colonel Selection Board,
to be considered by the selection board next convened to consider officers of his category for
promotion to lieutenant colonel as an officer who has not failed of selection to that grade.

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

2. The Board, consisting of Messrs. Geisler and Kim and Ms.
Petitioner’s allegations of error and injustice on 29 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.

LeBlanc, reviewed

 

*

F.

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&at this request would have merit and warrant favorable action,
if the entire contested fitness report were removed, or if the report were amended by
removing the reviewing officer comments.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
PERB action, which directed completely removing the contested fitness report, and the
advisory opinion at 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
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,

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

/AZ

“

_I  &
JONATHAG 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 

Direc

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROA

QUANTICO.  VIRGINIA 22

D

 

134-S 

Y

I03

REPLY REFER TO:

IN 
1610
MMER
2 

Jul 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

LICATION IN THE CASE OF MAJOR

SMC

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

MMER/PERB  of 

MMER/PERB  of

ltr 1610

ltr 1610 

15 Aug 02
20 Jun

15 Aug 02

02

1.

As evidenced by enclosure  

official mil-itary record,
1002 to 961112 (TR).

(l), PERB removed from Major

the fitness report for the

We defer to BCNR on the issue of Maj

2.
the removal of his failure of selection to the grade of
Lieutenant Colonel.
resolving that matter.

Enclosure (2) is furnished to assist in

request for

By enclosure  

3.
with a copy of the Advisory Opinion contained at en

(3), this Headquarters provided Ma

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

1610
MMER/PERB
A:JG 
?oul

ii 

; 

From: Co
To:

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

161O.llC

Per the reference,

the Performance Evaluation Review Board
and injustice in your naval
Having reviewed all the facts of record, the Board has

1.
has reviewed allegations of error
record.
directed that your naval record will be corrected by removing
therefrom the following fitness report:

Date of Report

Reporting Senior

Period of Report

25 Nov 96

e

961002 to 961112 (TR)

There will be inserted in your naval record a memorandum in

2.
place of the removed report.
appropriate identifying data concerning the report and state
that it has 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 report or the events which may have
precipitated them,
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

The memorandum will contain

It will also state

By direction

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS
D

3280 RUSSELL ROA

QUANTICO, VIRGINIA 221 34-51 0

Y

3

IN REPLY REFER TO:

1600
MMOA- 4
20  Jun 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

R PETITION FOR MAJOR

'USMC

Ref:

(a) MMER Request

of 10 Jun 02

for Advisory Opinion in the case

MC

request for
Recommend approval of
1.
removal of his failure of
he 
petitioned
report or the report's Reviewing Officer comments are
expunged.

Per the reference, we reviewed

2 .
and petition.
USMC Lieutenan
petitioned the Performance Evaluation Review Board (PERB)
to remove the Transfer fitness report from 961002 to
961112.
selection.

requests removal of his failure of

ailed selection on the FY03

ection  Board.

Subsequently, he

ecord

The Reviewing Officer comments in the petitioned

3 .
fitness report contained some competitive concerns that may

ibuted to the failure of selection.

Although

record does lack operational credibility as

, removal of the Reviewing Officer comments
Given a

increases the competitiveness of his record.
favorable board action to remove the petitioned report or
we recommend approval of
the Reviewing Officer comments,
his request for removal of his failure of selection.

4.

Point of contact is

Lieutenant Colonel, USMC
Head, Officer Counseling and
Evaluation Section
Personnel Management Division