DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

BJG
Docket No: 7503-02
29 August 2002

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

Secretary of the Navy

Subj:

Ref:

Encl :

CAPT
REVIEW OF NAVAL RECORD

; USMC

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

(1) DD Form 149 dtd 14 Jun 02 w/attachment
(2) HQMC MMER memo dtd 19 Aug 02 w/encl
(3) HQMC MMOA-4 memo dtd 19 Aug 02
(4) Subject ’s naval record

 

Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure
his.naval record be corrected by removing the original
 

1.
(1) with this Board requesting that
fitness report for 16 June to 3 1 August 2001, a copy of which is at Tab A to enclosure
and replacing it with a revised report for the same period, a copy of which is at Tab B to
(2), the Headquarters Marine Corps (HQMC)
enclosure (1). As indicated in enclosure  
Performance Evaluation Review Board (PERB) has directed the requested correction of
Petitioner’s fitness report record.
He further impliedly requested removing his failure of
selection by the Fiscal Year (FY) 2003 Major Selection Board, to be considered by the FY
2004 Major Selection Board, scheduled to convene on 4 September
has not failed of selection to major.

Finally, he requested a special selection board (SSB).

(l),

 

2002, as an officer who

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 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.

LeBlanc, reviewed

 

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  

over the subject matter of  
has commented to the effect that this request has merit and warrants favorable action.

(3), the HQMC office having cognizance
PeCltioner’s  request to strike his failure of selection for promotion

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
(3), the Board finds the existence of an injustice warranting limited
contents of enclosure  
relief, specifically, removal of Petitioner ’s failure of selection for promotion.

The Board finds Petitioner ’s request for an SSB should be denied. In this regard, they
particularly note that the next regular promotion board is scheduled to convene imminently,
on 4 September 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 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

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 an SSB be denied.

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 Director

3

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS

Y

3280  RUSSELL ROA

D

QUANTICO,  VIRGINIA 22

 

13A.5 103

IN REPLY REFER TO:
1610
MMER
19 Aug 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

CASE OF CAPTAIN
USMC

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 15 Aug 02
(3) Copy of CMC

MMER/PERB  of 19 Aug 02

MMER/PERB  of 15 Aug 02

ltr 1610 

ltr 1610

1.

As evidenced by enclosure  

(l), PERB removed from Captain

>official  military record,

the fitness report for the

period  010616 to 010831

  (CH) .

2.
We defer to BCNR on the issue of Captain
request for the removal of his failure of se
of Major and his request for a Special Selection Board.
Enclosure (2) is  
selection matter.

furnished.to  assist in resolving the failure of

implied
he grade

By enclosure  

3.
with a copy of the

this Headquarters provided Captai

(3),
 
Advisorly Opinion contained at enclosur

n

e

(2) 

-

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

DEPARIMENT

 OF  ‘THE NAVY

HEADQUART2RS  UNITED STATES 

MARINE CORPS

2280 RUSSELL ROAD
VIROINIA  22  

 

QUANTICO,

124

i 0 3
. 8 

.

IN REPLY REFER TO:
1610
MMER/ PERB
AU8 I 5 2002

From:
To:

Commandant of the Marine C

Subj:

CORRECTION OF NAVAL RECORD

Kef

:

(a) 

MC0 

161.0.11C

Per the reference,

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

Having reviewed all the facts of record, the Board ha

the Performance Evaluation Review Board
  naval

.

g

s

I>a.te of Report
--.-~__---

2/1 

Sop 0 1

Reporting Senior

Period of Report

010616 to 010831

 

(CH)

There wil

l be inserted in your naval record in place of th

2 .
removed report,
Commander
Evaluation System (the data base that generates your Master
Brief Sheet) will be modified accordingly.

the revised version completed by Lieutenant

17 May 2002;

In addition,

the Performance

e

Since the remainder of the relief you seek does not fal

3.
under the purview of the Performance Evaluation Review Board
your case is being forwarded to the Board for Correction o
Naval Records (BCNR) for final resolution

.

l

,

f

By  directio

n

.EPARTMENT  OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROAD

VIRGINIA  22134-5103

 

QUANTICO,

IN REPLY REFER TO:

160 0
MMOA-4
19 Aug 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

ION FOR CAPTAI
USMC

(a) MMER Re
Captain
of 15 Aug 02.

of
SMC

Recommend approval of Captai

1.
removal of his failure of selection.

mplied request for

Per the reference, we reviewed Captai

record and

ailed selection on the FY03 USMC Major

He successfully petitioned the Performance

(PERB) to replace the Change of Reporting

Captai

2 .
petition.
Selection Board.
Evaluation Review Board  
Senior report from 010616  

tb 010831.

In our opinion,

the petitioned fitness report was a

3 .
competitive concern that may have contributed to the failure of
selection.
competitiveness of Captai
recommend approval of his implied request for removal of the
failure of selection.

Replacement of this report increases the

Therefore, we

record.

4 .

POC i

+i at

Head, Officer Counseling and
Evaluation Section
Personnel Management Division