DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 7628-02
25 November 2002

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

Secretary of the Navy

Subj:

two
REVIEW OF NAVAL RECORD

Ref: (a)

Title 10 U.S.C. 1552

Encl:

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

DD Form 149 dtd 16 Apr 02
HQMC PERB memo dtd 26 Aug 02 
HQMC MMOA-4 memo dtd 22 Aug 02
Subject’s naval record

w/encl

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the fitness report for 1 August to 25 November 1997, a copy of which
is at Tab A. As indicated in enclosure 
Performance Evaluation Review Board (PERB) has directed removal of the contested fitness
report. Petitioner further requested removal of his failures of selection before the Fiscal Year
(FY) 2001 and 2002 Chief Warrant Officer 4 (CW04) Selection Boards. After he had
submitted his application, he also failed by the FY 2003 CW04 Selection Board. It is
presumed he also seeks removal of this failure, as he expressly requests consideration as an
officer who has not failed of selection to CW04.

(2), the Headquarters Marine Corps (HQMC)

Board, consisting of Messrs. Agresti, Cooper and Zsalman, reviewed Petitioner ’s

2. The 
allegations of error and injustice on 21 November 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.

3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice-finds as follows:

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b. The PERB directed removing the contested fitness report after the FY 2001 and
failures, but before the convening of the FY 2003 promotion board on 20 August 2002.

2002

In correspondence attached as enclosure 

(3), the HQMC office having cognizance

C.

over the subject matter of Petitioner ’s request to strike his failures of selection for promotion
before the FY 2001 and 2002 CW04 Selection Boards has commented to the effect that this
request has merit and warrants favorable action. This opinion does not address the FY 2003
failure, as this failure occurred after the opinion had been submitted.

CONCLUSION:

(3), the Board finds the existence of an injustice warranting the

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure 
requested relief. They agree with the advisory opinion in finding that Petitioner
and 2002 failures should be removed. They further find his FY 2003 failure should be
removed as well, as that promotion board considered him in a failed of selection status; and
his FY 2003 failure must be removed to restore him to the status he enjoyed before the
FY 
In view of the
above, they direct the following corrective action.

2001 promotion board, as an officer who has not failed of selection.

’s FY 

2001

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 CW04
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 ’s

recommendation be corrected, removed or completely expunged from Petitioner ’s record and
that no such entries or material be added to the record in the future.

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.

8/  v-2

c4i2e

8
JONATHAN S. 
Acting Recorder

RUSKIN

ROBERT D. ZSALMAN
Recorder

2

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

DEPARTMENTOFTHENAV

HEADQUARTERS UNITED STATES MARINE CORPS
D
 VIRGINIA 22 134-S 103

3280  RUSSELL ROA

QUANTICO.

Y

IN REPLY REFER TO:
161 0
MMER
26 Aug  02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ION IN THE CA
USMC

I

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 22 Aug 02
(3) Copy of CMC

MMER/PERB  of 15 Aug 02

MMER/PERB  of 26 Aug 02

ltr 1610 

ltr 1610

As evidenced by enclosure  

1.
official military record,
970801 to 971125 (TR).

(l), PERB removed  

f,ro
the fitness report for th

We defer to BCNR on the issue
selecti

failure%of 

2.
removal of his  
G&k&&k.
matter.

Enclosure (2) is furnished to assist in resolving  

quest for the  
Licu:tcnan$ 

a

c&.~wc*11&~?
that°Cf'Lef'

By enclosure  

3.
a copy of the Advisory Opinion contained at

(3), this Headquarters provided

enclosure (2).

ith

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

HEADQUART2RS

DEPARTMENT OF THE NAVY
RUSSELL  ROAD

3280  

 UNITED  

STATES  MARINE   CORP S

QUANTICO,

 VIRGINIA

  22 

134-6  

103

tN  REPLY REFER TO:

1610
MMER/PERB

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

Per the reference, the 

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

Performance'Evaluation  Review Board

Date of Report
c---I-

Reporting Senior

Period of Report

8 Jan 98

Maj J 

B Sweeny III

970801 to 971125 (TR)

The memorandum will contain

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
It will also state
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

The Commandant of the Marine Corps is not empowered to grant

3.
or deny the removal of failure(s) of selection from a Naval
record.
for Correction of Naval Records (BCNR) for consideration of that
issue.

Accordingly, your case will be forwarded to the Board

uEPARTMENT  OF THE NAV Y

HEADQUARTERS UN

ITED STATES MARINE CORPS
3280 RUSSELL ROAD

OUANTICO, VIRGINIA 22134-5103

1600
MMOA- 4
22 Aug 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

BCNR PETIT1

EF WARRANT   OFFIC

he case of

1.Recommend approval'
failuresof  selection.

request for removal of his

2. Per the
petition.
Chief Warr
petitioned the Performance Evaluation Review Board
remove the Transfer report'from 970801 to 971125.
failurecof  selection.-
requests removal of his  

we reviewed
iled sele
Selection Boards.

record and
FYOl and FY02   USMC

He successfully

(PERB) to

3. In our opinion,

the favorable PERB action does increase the

e record. However,

with the petitioned report

considerable competitive
as a member of the reserve
grade as  a CW02. He has
component
not been ranked against anyone as an officer and his fitness reports
lack strong comments and recommendations.

until midway throu

the  favorable  PERB  action did change the

4.
In summary,
competitivenes
rd con
ould be afforded the benefit of the doubt and recommend
approval of his request for removal of his failurerof selection.-

cord.
itive concerns,

Though we recognize that
we believe CW03

5.

POC

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

USMC